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2023 Supreme(Raj) 464

PUSHPENDRA SINGH BHATI
Nelakuduru Infra Sriganesh Jv, Through Its Authorized Representative Sh. Vineeth Nelakuduru – Appellant
Versus
Union Of India, Through Its General Manager, North-Western Railways – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.N. Mathur, assisted by Mr. Nishit Shah.
For the Respondents: Mr. R.D. Rastogi, assisted by Mr. Vivek Shrimali & Mr. P.D. Bohra.

ORDER :

1. On 30.05.2023, the matter was heard and the order was reserved, on the application preferred by the respondents under Article 226 (3) of the Constitution of India seeking vacation of the ex parte interim order dated 13.03.2023 passed in the present petition.

2. As per the pleaded facts, the respondents issued a tender bearing no.NWR/SC/FL-DNA/Civil-419150307-R for the works of construction of major bridges (12 in number) and minor bridges (PSC Slab) from km 0.00 to km. 108.750 between Phulera-Degana Section of Jodhpur Division.

2.1. The petitioner applied pursuant to the said tender, upon being declared as a successful bidder, and the respondent no.5 vide Letter of Acceptance (L.O.A.) dated 25.02.2019, informed the petitioner that its tender for the works had been accepted for a contract price of Rs.29,70,55,223.89/-. The works in question were initially to be completed within a period of 18 months and the petitioner was called upon to execute and register an agreement with the respondents in regard thereto.

2.2. Thereafter, the petitioner addressed various letters to the respondents and requested them to extend the concurrency of the contract from time to time. The resp

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