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2000 Supreme(Guj) 49

R.K.ABICHANDANI
LARSEN AND TOUBRO LIMITED – Appellant
Versus
GUJARAT STATE PETROLEUM CORPORATION LIMITED – Respondent


Advocates Appeared: AMARCHAND, B.J.SHELAT, C.S.VAIDYANATHAN, G.N.SHAH, HEMANTIKA WAHI, JAYESH ODEDHRA, K.K.VENUGOPAL, K.S.Nanavati, MANGALDAS M.SHAH, MANU NAYAR, MIHIR J.THAKOR, MINU A.SHAH, MUKUL ROHTAGI, P.CHINDAMBARAM, RITU BHALLA, S.M.SINGHAL, S.N.SHELAT, SAURABH KIRPAL, SONALI DESAI, SURESH SHROFF

R. K. ABICHANDANI, J.

( 1 ) THE petitioner company challenges the decision of the respondent No. 2 in awarding Engineering, Procurement and Construction contract for natural gas fired combined cycle power plant at Hazira to the respondent No. 3 company. Initially when the petition was filed, the prayer was to quash the decision selecting the respondent No. 3 as EPC contractor, but later when it came to light that resolutions were already passed by the Management Committee and the Board of Directors and the contracts were entered into on 13th December, 1999, pursuant thereto between the respondents Nos. 1, 2 and 3, the resolutions and the contracts were also challenged by way of an additional prayer.

( 2 ) THE petitioner No. 1 is a multi-dimensional Engineering and Construction company in Indias private sector, as stated in the petition. Its power project group caters to two major areas namely - (i) the large power plants, predominantly connected with the grid as an independent power project and (ii) a captive co-generation business which focuses on the development of projects to serve the captive industrial consumer. 2. 1 the respondent No. 1 is a company promoted by the Government









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