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2018 Supreme(Del) 1025

YOGESH KHANNA
IL&FS ENGINEERING & CONSTRUCTION COMPANY LIMITED – Appellant
Versus
PASCHIMANCHAL VIDYUT VITARAN NIGAM LIMITED – Respondent


Advocates Appeared:
For the Petitioner:Mr.Sandeep Sethi and Mr.Darpan Wadhwa, Sr Advocates with Mr.Arjun Syal, Mr.Ishan Bisht, Mr.Samarth Chowdhary, Mr.Aditya Singh and Mr.Shreyan Das, Advocates.
For the Respondent:Mr.Parag P Tripathi, Sr Advocate with Mr.Lav Kumar Agarwal Mr.Srinivasan Ramaswamy, Mr.Vivek Jain and Ms.Varisha Rais, Mr.Vipin Jai, Advocate.

JUDGMENT :

YOGESH KHANNA, J.

1. At the outset the learned Senior counsel for petitioner urged to send these petitions under Section 9 of the Arbitration and Conciliation Act 1996 before the learned Arbitral Tribunal since is constituted by treating these petitions as applications under Section 17 of the Act, but however in view of the urgency involved since the entire work of rural electrification is put to hold by interim orders of this Court, I feel it appropriate to deal with these petitions myself.

2. Three issues raised in the above two petitions are qua a) termination of contract; b) invocation of bank guarantees; and c) blacklisting of the petitioner herein.

3. The facts alleged by the petitioner are as under:-

(a) On 01.11.2014 petitioner was awarded the work vide Letter of Intent/Letter of Award No.10859/PVVNL/MT/ RGGVV-II/27(5)/2014-15 dated 01.11.2014 in furtherance of bids invited for 'Rural Electrification Work of Villages/Majras of Moradabad District in Paschimanchal Vidyut Vitran Nigam Ltd of Uttar Pradesh State under RGGVV (12th Plan) against Tender specn. No.PVVNL/MT/RGGVV-II/27(5)/2014-15. The total period of execution of work was 24 months at value of Rs.145,55,00,000






















































































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