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2009 Supreme(Gau) 264

J.CHELAMESWAR, A.C.UPADHYAY
Lumino Industries Ltd. – Appellant
Versus
Assam State Electricity Board – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: G.N. Sahewall, Sr. Adv., D. Senapati and M. Jain, Advs. in Writ Appeal No. 364 of 2008, N. Dutta, Sr. Adv. and Md. Aslam, Advs. in Writ Appeal No. 365 of 2008,B.D. Das, H.K. Sarma, N. Goswami and D. Nath, Advs. in Writ Appeal No. 375 of 2008 and P. Bora, Adv. in Writ Appeal Nos. 364 and 365 of 2008
For Respondents/Defendant: P.K. Goswami, Sr. Adv. in Writ Appeal No. 364 of 2008, B.D. Das, Adv. in Writ Appeal Nos. 364 and 365 of 2008, D. Duara, Adv. in Writ Appeal No. 375 of 2008 and S.S. Goswami, Adv.

JUDGMENT

J. Chelameswar, C.J.

1. These three appeals arise out of a judgment dated 14.11.2008 in WP(C) No. 4487/2008 by the respondent Nos. 6, 5 and 1 respectively in the writ petition.

2. The Assam State Electricity Board (ASEB), which is the appellant in WA No. 375/2008 and the first respondent in the writ petition, issued an invitation to bid dated 31.5.2008 for execution of certain rural electrification works in the district of Karbi Anglong. The work was divided into five packages. In these three appeals we are concerned with the Package No. 4 of the above mentioned work.

3. In response to the above mentioned invitation the appellant in WA No. 364/2008 in consortium with the appellant in WA No. 365/2008 submitted a bid. Apart from that, the appellant in WA No. 365/2008 also filed a separate bid. The 7th respondent herein, who was the petitioner in WP(C) No. 4487/2008, also filed its bid. While the appellant in WA No. 364/2008 offered to execute the work in question at Rs. 91,60,25,075.01, the writ petitioner quoted an amount of Rs. 1,07,02,76,569.37 whereas the appellant in WA No. 365/2008 quoted an amount of Rs. 1,00,09,01,448.15.

4. On examination of the tenders filed by the vari














































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