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2023 Supreme(Gau) 846

DEVASHIS BARUAH
Techno Steel and Craft Industries – Appellant
Versus
Union Of India, Through The Secretary To The Govt. Of India, Ministry Of Shipping, Transport Bhavan, Parliment Street, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D. Mozumder, Sr. Advocate, Mr. P. Borah, Advocate
For the Respondent:Mr. S. Dutta, Sr. Advocate, Ms. I. Das, Advocate, Mr. N. Aditya, Advocate

JUDGMENT :

1. The instant writ petition has been filed by the Petitioners challenging the imposition of liquidated damages upon the Petitioners in respect to 3 (three) contracts.

2. The facts involved in the instant case is that the Inland Waterways Authority of India had in pursuance to Notice Inviting Tenders and finding the Petitioners’ bid to be the lowest awarded 3 (three) contracts to the Petitioners by issuance of Letter of Acceptance as well as the work order. The said contracts in question are (i) construction and supply of 2 (two) pontoons for Tejpur of the bid value of Rs.1,49,76,000/-in respect to which a Letter of Acceptance was issued on 27.02.2008; (ii) construction and supply of 2 (two) pontoons for Neamati of the bid value of Rs.1,67,70,000/- in respect to which a Letter of Acceptance was issued on 09.07.2008 and (iii) construction and supply of 2 (two) pontoons for Dibrugarh of the bid value of Rs.1,67,70,000/-in respect to which a Letter of Acceptance was issued on 09.07.2008.

3. It further appears from the three Letters of Acceptance so issued that the time

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