Indrajit Power Private Limited vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
ASHA MENON
Indrajit Power Private Limited – Appellant
Versus
Union of India – Respondent

Table of Content
1. factual background of the case and agreements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments regarding the compliance and natural justice. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. court observations on bank guarantees and principles of law. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
4. final decision and dismissal of the petition. (Para 31 , 32)

JUDGMENT

[VIA VIDEO CONFERENCING]

W.P. (C) 5408/2021, CM APPL.16734/2021 (by the petitioner u/S 151 CPC for ad-interim directions)

1. The petitioner/Indrajit Power Private Limited ("IPPL", for short) is an incorporated company formed to generate thermal and green power, and has a 80MW coal based thermal plant at Wardha, Maharashtra. It has filed the present petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari quashing the Appropriation Notice dated 17th May, 2021 issued by the respondent No.1 and the invocation of Bank Guarantee ("BG", for short) for an amount of Rs.4,92,24,960/- against it.

FACTUAL MATRIX

2. IPPL had registered itself with the MSTC Portal for bidding for coal mines in the manner laid down by the Coal Mines (Special) Provi

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DELHI HIGH COURTASHA MENONIndrajit Power Private Limited – AppellantVersusUnion of India – Respondent

DELHI HIGH COURT
ASHA MENON
Indrajit Power Private Limited – Appellant
Versus
Union of India – Respondent