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2013 Supreme(Raj) 713

MOHAMMAD RAFIQ
Rajasthan Rajya Path Parivahan Nigam – Appellant
Versus
Additional District Judge No. 5, Jaipur Mahanagar – Respondent


For the Petitioner RSRTC:S.K. Bhattacharya, Senior counsel, with Satish Chandra Mittal, Advocate.
For the Respondents:Ajeet Kumar Sharma, Senior counsel, with V.K. Sharma and Rachit Sharma, Advocates.

JUDGMENT

1. - This writ petition has been filed by petitioner Rajasthan Rajya Path Parivahan Nigam assailing the order passed by Additional District Judge No.5, Jaipur Metropolitan, Jaipur dated 15.12.2012 by which the petitioner's application filed under Order 6, Rule 17 read with Section 151 of the Civil Procedure Code seeking to incorporate by way of amendment three new objections in the petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, has been dismissed.

2. Facts leading to present writ petition are that a notice-inviting-tender was issued by petitioner on 27.01.2005 for appointment of sole licensee for transportation of domestic articles/small commercial goods from one place to another through its fleet of 4000 buses. Respondent no.3 - M/s. Bhagwati Enterprises submitted its tender in prescribed tender form along-with relevant documents. Petitioner sent a letter dated 31.01.2005 to the respondent no.3 to accept its offer requiring it to deposit a sum of Rs. 6,66,786/- towards security amount and bank guarantee of Rs. 40,00,716/-, in accordance with the conditions no.4 and 18 of the notice inviting tender so that the agreement can be executed. The r
























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