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2017 Supreme(Del) 3789

VIBHU BAKHRU
Atlanta PBA JV Mumbai – Appellant
Versus
National Highway Authority of India – Respondent


Advocates Appeared:
For the Petitioner:Mr Chirag M. Shroff, Advocate with Ms Monisha Suri, Advocate.
For the Respondents:Ms Gunjan Sinha Jain, Advocate with Ms Bhavana Singh, Mr Mukesh Kumar, Advocates, NHAI. Mr Srishti Nigam, Advocate for SBI. Mr Atul Kumar, Advocate, Canara Bank.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner is a consortium comprising of two companies-M/s Atlanta Ltd. and M/s PBA Infrastructure Ltd. The petitioner has filed the present petition, inter alia, praying as under:-

“(i) to issue a writ of certiorari thereby quashing the letter No. NHAI/BOT/11019/02/05/07/335 dated 14.9.2010;

(ii) to issue a writ of prohibition restraining respondent No. 1 from invoking/partially invoking the bid security provided by the petitioner in the nature of form of bank guarantees bearing No. 0505010BG0002405 and BG-162-10 issued by respondents No. 3 & 4 respectively;

(iii) that pending the hearing and final disposal of the petition, this Hon’ble Court be pleased to issue an order and injunction restraining respondents No. 3 & 4 from honouring any invocation or enforcement of the bank guarantees 0505010BG0002405 and BG-162-10,by the respondent No. 1;

(iv) that pending the hearing and final disposal of the petition, this Hon’ble Court be pleased to pass an order restraining respondent No. 1 from invoking the bid security in the nature of bank guarantees 0505010BG0002405 and BG-162-10;

(v) for ad-interim reliefs in terms of prayers (iii) & (iv) above,”

2. Respondent no













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