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2022 Supreme(Del) 988

C. HARI SHANKAR
Garg Builders Through Shri Mohinder Pal Garg – Appellant
Versus
Hindustan Prefab Ltd. And Another – Respondent


Advocates appeared:
Rajshekhar Rao, Advocate, Rahul Malhotra, Advocate, Ankit Jain, Advocate, Varun Nischal, Advocate, Vaibhav Mishra, Advocate, Mukesh Kumar, Advocate, Amol Sharma, Advocate

JUDGMENT

C. Hari Shankar, J. - Hindustan Prefab Limited (HPL) invited tenders from interested bidders for construction activities to be carried out at various locations in the country. With respect to three of the tenders thus floated, the petitioner Garg Builders was the successful bidder.

2. Tenders were awarded to the petitioner, by HPL, for carrying out of construction activities at Ghaziabad, Uttar Pradesh, Raipur, Chhattisgarh and asansol, West Bengal vide Letters of award dated 3rd March, 2016, 9th January, 2017 and 4th august, 2018, followed by agreements dated 21st March, 2016, 25th January, 2017 and 25th September, 2018 respectively.

3. Each of these agreements required the petitioner to provide Bank Guarantees towards security deposit as well as Performance Bank Guarantee (PBGs). Bank Guarantees, as so required, were undisputedly furnished by the petitioner to HPL. all the Bank Guarantees were issued by HDFC Bank Ltd. ('the Bank') which is, accordingly, Respondent 2 in these three petitions.

4. Disputes arose between the petitioner and HPL in respect of all these three

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