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2021 Supreme(Del) 798

PRATHIBA M.SINGH
Dwarka Das Agarwal – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Vibhor Verdhan, Advocate
For the Respondents:Sushil Kumar Pandey, Sr. Panel Counsel, Rahul Mourya, Saurabh Banerjee, Standing Counsel and Ankit Srivastava, Advocate

JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode (physical and virtual hearing).

CM APPL. 887/2021(for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CM APPL. 2358/2021(for additional documents)

3. This is an application for taking additional documents on record. The same is taken on record. Application is disposed of.

W.P.(C) 336/2021 & CM APPL. 886/2021 (for stay)

4. The Petitioner, in the present case, seeks a direction to restrain the Respondent from invoking the bank guarantee bearing no. 3116320BG0000006, dated 2nd June 2020, furnished by the Petitioner in favour of the Respondent, for a sum of Rs. 50,00,000/-.

5. The case of the Petitioner is that Respondent No. 2- National Highway Authority of India (hereinafter, "NHAI") had floated a financial bid on 1st October, 2019 for collection of user fee through a contractor/ bidder, in respect of the Section of highway located at Bagaliya fee plaza at Km 84.850 and Baggar Fee Plaza at Km 136.137 for Beawar Gomti Section from Km 58.245 to Km 177.050 of NH-8 in the State of Rajasthan. The Petitioner firm M/s. Dwarka Das Agarwal was one of the successful bidders, in the pre

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