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2019 Supreme(Del) 1859

MUKTA GUPTA
KSS-KSSIIPL Consortium – Appellant
Versus
Gail India Ltd. – Respondent


Advocates Appeared:
Arun Kumar Varma, Adv., Abhay Raj Varma, Adv., Vishal Nautiyal, Adv., Sacchin Puri, Adv., Yoginder Handoo, Adv., Kamil Khan, Adv., Navroop Singh, Adv., Sandeep Kumar, Adv., Dhananjay Grover, Adv., Dhan Singh, Adv.

JUDGMENT :

Mukta Gupta, J.

I.A.10585/2017 (u/O 7 R 11 CPC by D)

1. Plaintiff has filed the present suit claiming that it is a consortium of M/S JSC OGCC Kazstroyservices (KSS) as the leader and M/S Kazstroyservices Infrastructure India Pvt. Ltd. as its member. It is the case of the plaintiff that Engineers India Limited, a project management consultant and a Government of India undertaking, was appointed by the defendant as the Engineer in-charge of the project in question i.e. an approximately 1000 km long pipeline project for transportation and distribution of RLNG from Dabhol in the State of Maharashtra to Bidadi in the State of Karnataka by the defendant. The said tender was floated in June 2010 and the entire work of tender was divided into 10 Spreads 'A' to 'J'. The pipeline was to traverse via 18 National Highways, 382 roads, 20 railway tracks, 11 major rivers and 276 water bodies. The plaintiff participated in the tender and the defendant issued two separate faxes for acceptance both dated 6th October, 2010 based on the rates quoted by the plaintiff for Spread 'D' and Sp

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