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2022 Supreme(Del) 614

JASMEET SINGH, VIPIN SANGHI
AYESA INGENIERIA Y. ARQUITECTURA S. A. U. – Appellant
Versus
RAIL VIKAS NIGAM LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. Amit George, Mr. Priyabrat Tripathy, Mr. Amol Acharya, Mr. Rayadurgam Bharat, Mr. P. Harold, Mr. Ayush Acharjee, Mr. Dorab Sabharwal.
For the Respondents: Mr. Udit Seth, Mr. Anil Seth, Mr. Prashant Kumar Nair.

JUDGMENT :

JASMEET SINGH, J.

1. The present petition has been filed by the petitioner seeking amongst others the following relief:

    “(i) Issue a Writ/Order/Direction in the nature of mandamus and direct the Respondent to provide clarifications on the basis of which it has awarded a technical mark of 9245.35 to the Petitioner.

(ii) Issue a Writ/Order/Direction in the nature of mandamus and direct the Respondent to issue a fresh evaluation of final markings of the Petitioner by considering the Lucknow project of the Petitioner as two separate projects as per the terms of the RFP.

(iii) To quash the Letter of Award dated 16.05.2021 issued by the Respondent if “Yuksel Proje India - Tumas India JV” does not come out to be the most successful bidder after a fresh evaluation of the final markings of the Petitioner.”

2. The case of the petitioner is that the petitioner is a company incorporated under the laws of Spain. In accordance with the Companies Act, 2013, the petitioner has set up and is operating its branch at D-99, 4th Floor, Sector-2, Noida, Uttar Pradesh-201301. The respondent No.

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