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2015 Supreme(Del) 3252

G.ROHINI, JAYANT NATH
HYUNDAI ROTEM COMPANY – Appellant
Versus
DELHI METRO RAIL CORPORATION – Respondent


Advocate Appeared:
Mr. Parag Tripathi, Sr. Advocate with Mr. Arunav Patnaik, Ms. Bhabna Das, Mr.Yojit Singh and Ms.Kanika Singh, Advocates for the appellant.
Mr.Tarun Johri, Advocate with Mr.Satish Chandra GM/L for DMRC and Mr. Puneet Garg, Law Officer for DMRC.

Judgment :

JAYANT NATH, J.

1. By the present judgment we will dispose of W.P.(C) 7265/2015, W.P. (C) 7656/2015 & LPA 547/2015. All the Petitions and appeal are filed by the appellant company and arise from common facts.

2. The controversy centres around a letter dated 10.08.2015 issued by the respondent blacklisting the appellant company. Brief facts of the case are that on 05.03.2012 the respondent issued a notice inviting bids for the Rs 10 Project. The bids were opened and the appellant company was declared the lowest bidder. A Letter of Award dated 01.04.2013 was issued by the respondent to the appellant. This was followed by a Contract Agreement dated 24.05.2013. The execution of the contract commenced and is said to be continuing. The appellant has received a part payment of approximately Rs.880.2 crores out of the total value of the contact of about Rs.4500 crores.

3. On 05.11.2014 the respondent wrote a letter to the appellant company bringing to its notice about a restraint letter dated 14.12.2011 issued by Airport Authority of India (hereinafter referred to as the ‘AAI’) by which the AAI had decided not to issue tenders for future works in favour of the appellant company




































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