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2023 Supreme(Gau) 815

SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Food Corporation Of India – Appellant
Versus
G. B. Chowdhury Holdings Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellants :Mr. Kamal Agarwal, Senior Advocate assisted by Mr. B.K. Singh, Advocate.
For the Respondent:Mr. N. Deka and Mr. M. Gogoi, Advocates.

JUDGMENT :

The instant intra-Court writ appeal is preferred by the appellant Food Corporation of India (FCI) for assailing the judgment and final order dated 13.09.2022 passed by the learned Single Judge accepting the writ petition, being WP(C) No.214/2019 preferred by the writ petitioner/respondent with the following directions to the appellants herein.

    “21. For the reasons stated above, the writ petition succeeds and is hereby allowed. The writ petition is disposed of with a direction upon the respondent nos.1, 2 and 3 to release the balance payment to the petitioner in respect of the additional 52.5 KM @ Rs.10.98 per MT per KM within a period of 60(sixty) days from the date of receipt of a certified copy of this order. The respondents will also ensure that the security deposit of the petitioner is released along with the payments, as directed by this Court.”

2. The facts relevant and essential for disposal of the writ appeal, are noted hereinbelow:

The appellants herein issued Notice Inviting e-Tender (NIeT) dated 30.03.2015 inviting bids from interested contractors for execution of transport contracts under the Food Corporation of India (FCI) in respect of as many as 13 different

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