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2017 Supreme(J&K) 920

A. K. Engineers and Contractors Pvt. Ltd. – Appellant
Versus
Jammu and Kashmir Projects Construction Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Pranav Kohli, Advocate
For the Respondent(s):Mr. D.C. Raina, Senior Advocate with Mr. Arun Kumar, Advocate

JUDGMENT :

1. Jammu and Kashmir Projects Construction Corporation Limited vide e-NIT No.JKPCC/U-4th/J/02 of 2016-17 dated 25th July 2015,invited E-Tenders from approved and eligible contractors/firms registered with J&K Government/other State Governments/CPWD/MES/Railways/BRO for design and construction of 1600 Metre span Composite Type (Partly Balanced) Cantilever/Partly Prestressed box girder) double lane Bridge with 1.5 Metre wide footpaths on both sides including approaches of length 2550 Meter (2250 Meter) (2250 Metre on Right Side & 300 Metre on Left Side) over River Chenab at Sajwal (Pargwal) – Indri Pattan (Jourian) District Jammu. One of the conditions of NIT is that “Bids from Joint Venture are not allowed”. It is this condition, of which petitioner is aggrieved of and throws challenge thereto.

2. The case set up by petitioner is that petitioner company is incorporated under Companies Act, 1956 and that it is “A” Class Contractor duly registered with Public Works Department since 1985 and has successfully executed several projects within the State. Petitioner is stated to be involved and instrumental in construction of various bridges of complex nature and has earned good r































































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