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2021 Supreme(Gau) 712

KBM Enterprise – Appellant
Versus
National Highways and Infrastructure Development Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P.J. Saikia, Mr. A.K. Gupta and Mr. K.J. Saikia
For the Respondent: Mr. D.K. Banerji and Mrs. R. Bora

ORDER :

1. Heard Mr. P.J. Saikia, learned counsel for the petitioner and Mr. D.K. Banerji, learned senior counsel, assisted by Mrs. R. Bora, learned standing counsel for the respondents.

2. By this writ petition filed under article 226 of the Constitution of India, the petitioner has assailed the legality of (i) the letter No. NHIDCL/Civil Work/Peren Dimapur/Pkg2/2021/889, dated 8.6.2021 issued by the Executive Director, NHIDCL, Kohima (respondent No. 5), thereby rejecting the prayer made by the petitioner in his representation dated 2.6.2021, seeking extension of time for submission of Performance Security and Additional Performance Bank Guarantee; (ii) letter No. NHIDCL/Nagaland/PD/2/2021/SPL-I, dated 4.5.2021 issued by the General Manager, NHIDCL, New Delhi (respondent No. 4); (iii) for setting aside notice inviting bids No. Bid/Package No. NHIDCL/Civil Work/Peren Dimapur/Pkg2, dated 12.3.2020 reissued on 8.6.2021 (3rd Call) by the respondent No. 4 for Construction of 2 Laning with Hard Shoulder of Peren-Dimapur section on NH-129 A from design Km 126.775 to KM 146.208 (Length-19.433) in the State of Nagaland; (iv) to direct the respondent Nos. 1, 2 and 3 to consider the request of

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