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2019 Supreme(Ker) 923

SUNIL THOMAS
Kepco KDN Co. Ltd. – Appellant
Versus
Enzen Global Solution Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SREELAL N.WARRIER, SRI.B.RAGHUNANDANAN, SRI.BIJU MATHEW, SRI.M.S.AMAL DHARSAN
For the Respondent: SRI.CYRIAC TOM, SRI.JIKKU SEBAN GEORGE, SRI.RAJU JOSEPH (SR.), SRI.C.JOSEPH ANTONY

JUDGMENT :

Petitioner herein challenges the order in I.A.No.1 of 2019 in Arbitration Case No.2 of 2018.

2. According to the original petitioner, the Government of India, Ministry of Power, had introduced a new project called Restructured Accelerated Power Development Programme (RAPDRP), aiming to reduce aggregate technical and commercial losses with respect to distribution of electricity. Power Finance Corporation was appointed as nodal agency for the planning and implementation of the project. As per RAPDRP, Kerala State Electricity Board (KSEB), who is the second respondent herein, issued a request for proposal notice on 27.03.2010 inviting proposals from PFC empanelled domain experts for the implementation of IT infrastructure under the above programme. Petitioner claiming himself to be a lead consortium member with two other consortium partners who were empanelled by PFC, after due consultation and based on their confirmation on all the technical requirements, submitted a bid to the second respondent, in response to the above request for proposal. The bid of the petitioner was accepted by the second respondent and contract was awarded to them. Letter of award dated 06.09.2010 was

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