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2021 Supreme(Del) 704

ASHA MENON
Genius Presentation Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Abhinav Agnihotri, Mr. Deepak Vohra and Mr. Aniket Gupta, Advs.
For the Respondent: Mr. Jaswinder Singh, Adv.

JUDGMENT :

1. This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 with the following prayers: -

    “a. Pass an order in favour of petitioner and against the Respondent thereby restraining the respondent from encashing the Performance Bank Guarantee No.027GT02211790014 amounting to Rs.4,50,142 dated 28.06.2021 and;

b. Restrain the respondent no.2 from blacklisting/debarring the petitioner in further tender of the remaining work.

c. Restrain the respondent no.2 in issuance of the fresh tender in respect of the remaining work,

d. Pass an ex-parte interim order in terms of prayers A-C above”

2. Mr. Abhinav Agnihotri, learned counsel for the petitioner, submitted that the petitioner/Company, which is engaged in the business of offering pioneer and advance display technologies in total digital display solutions, had participated in the tender issued by respondent No.1/Central Public Works Department (for short, “CPWD”) bearing No.01/EE(e)/IITIPED/2021-22 for the work of supplying, installation, testing and commissioning of Video Wall and other equipments at auditorium at the estimated cost of Rs.3,33,80,966/-. The tender was awarded to the petitioner on 22nd

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