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2023 Supreme(Del) 3142

SUBRAMONIUM PRASAD
Gandharva Infrastructure And Projects Limited – Appellant
Versus
Unoin of India – Respondent


Advocates appeared:
Mr. Manoj Kumar Garg and Mr.Pulkit Atal, Advocates, for the Petitioner.
Mr. Anurag Ahluwalia, CGSC with Mr. Kaushal Jeet Kait, GP, for R-1/UoI.
Mr. O.P. Gaggar, Advocate, for R-4.

JUDGMENT

Subramonium Prasad, J.

1. The Petitioner has approached this Court for the following reliefs:

    "i) Issue a writ of mandamus or any other writ, order or directions to be issued to restrain the Respondent No.3 from forfeiting 100% of the EMD deposited in the form of FDR No. 530401038029902 dated 22.07.20 19 with the Respondent No. 4 Bank against the Tender No. MCF/CMG/BH/ETN- 08/2019-20 dated 09.07.2019; and/or

    ii) Issue a Writ of mandamus or any other Writ, order or directions to be issued to the Respondent No.3 to adhere to the pre-existing clause no. 16 technical bid of the notice inviting tender dated 09.07.20 19; and/or

    iii) Pass such other order or orders as may be deemed fit and appropriate under the facts and circumstances of the case."

2. Shorn of unnecessary details, the facts leading to the instant writ petition are as follows:

    i. It is stated that Respondent No.3/Master Control Facility (MCF) issued a Notice Inviting Tender (NIT) dated 09.07.2019 bearing No. MCF/CMG/BH/eTN-08/2019-20 for construction of pre-engineered steel building for LEOP Control Centre (LCC) for Master Control Facility at Bhopal including civil, PH, electrical, air-conditioning and allied works a

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