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2018 Supreme(Gau) 1662

NELSON SAILO
J. A. Brothers – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Prabir Choudhury and Joseph L. Renthlei, Advs.
For the Respondents: Zairemsahgpuii, CGC, M. Choudhury, P. Goswami and Roshan Subedi, Advs.

JUDGMENT :

Nelson Sailo, J.

1. Heard Mr. P. Choudhury, the learned counsel for the petitioner and Mr. M. Choudhury, the learned senior counsel assisted by Mr. P. Goswami, for the respondent No. 2. I have also heard Ms. Zairemsangpuii, the learned CGC, who appears for the respondent No. 1.

2. The facts of the case leading to the filing of the present writ petition may briefly be stated at the outset.

3. The petitioner is a proprietorship firm having its office at Jinendra Tower, Old Daily Market at Dimapur in the State of Nagaland. The respondent No. 1 is the Nodal Ministry entrusted with the responsibilities of protecting the borders of the Country whereas the respondent No. 2 is a Government of India enterprise formed under Section 617 of the Companies Act, 1956. It is a company under the control of the Government of India and is represented by its General Manager.

4. The respondent No. 2 as authorized by the respondent No. 1 floated a Notice Inviting Tender (NIT) on 14.09.2012 for the purpose of construction of 10 Platoon level and 3 Company level Border Out Posts (BOPs) along the Indo-Bangladesh Border in the State of Mizoram on behalf of the Ministry of Home Affairs, Department of B

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