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2022 Supreme(J&K) 30

RAJNESH OSWAL
New Jhelum Construction – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Mr. M. K. Bhardwaj, Sr. Advocate with Mr. Gagan Deep Sharma and Mr. Gagan Kohli, Advocates.
For the Respondent: Mr. Vishal Sharma, ASGI.

JUDGMENT :

1. On joint request, all the petitions were taken up together for final disposal/consideration.

2. The petitioner claims to have executed number of contracts both for the Government of Jammu and Kashmir as well as for Border Road organisation (hereinafter BRO), over a period of time. The petitioner has mentioned various contracts executed by the petitioner for the Government of Jammu and Kashmir, as also for the Border Road Organisation. It is stated that the tenders No. CE(P) DPK-10 of 2019-20, dated 29.11.2019, and CE(P) DPK-11 of 2019-20, dated 29.11.2019, came to be floated by the respondents and the petitioner being eligible on all counts participated therein by submitting its tenders and in respect of certain plant/machineries as to its availability, tax invoices were obtained from concerned agencies for procurement of plant and machinery to be utilised for execution of work, in case of allotment of contract. The requirement of the said documents arose on account of condition No. 6.3.1 of tender document, however, the said tenders of the petitioner were not accepted, regarding which suitable action came to be taken by the petitioner firm. This, however, did not fin

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