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2012 Supreme(Del) 2033

SANJAY KISHAN KAUL, VIPIN SANGHI
SUPREME INFRASTRUCTURE INDIA LIMITED – Appellant
Versus
RAIL VIKAS NIGAM LIMITED – Respondent


Advocates Appeared:
Ms. Kanika Sinha, Mr. Tanmaya Sinha & Mr. Ankit Bhatnagar, Advocates
Mr. Anil Seth & Mr. M.K. Pathak, Advocates for Respondent No. 1 Mr. Sameer Parekh, Mr. D.P. Mohanty & Ms. Shweta Sharma, Advocates for Respondent No.3. None for Respondent No.2.
.

JUDGMENT

VIPIN SANGHI, J.


1. The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to seek a writ of mandamus directing respondent No. 1 – Rail Vikas Nigam Limited (RVNL) to award the contract to the petitioner arising out of the tender floated by respondent No. 1 bearing No. IFB No. RVNL/BANGALORE/HOSPET-TINAI GHAT/2011/02 dated 03.06.2011 for execution of doubling of Hospet/Tinai Ghat in Hubli division of South Western Railway in the State of Karnataka, on the rates of TM.T. Fe-500 reinforced steel at Rs.54,000/-per metric ton (M.T.). The petitioner also seeks the quashing of the communications dated 04.05.2012 and 25.06.2012 issued by respondent No.1. The petitioner also seeks restraint against respondent No.1 from invoking the bank guarantee dated 11.08.2011, as extended on 20.4.2012 for Rs. 2 crores issued by respondent No. 2 bank, i.e., the State Bank of Patiala, First Floor, Atlanta Building, Nariman Point, Mumbai – 400 021.

2. The petitioner is a listed public limited company. The petitioner claims to have pan India presence and undertakes construction of infrastructure projects like highways, flyovers, projects, multi-storeyed








































































































































































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