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2022 Supreme(J&K) 734

MOKSHA KHAJURIA KAZMI
Food Corporation of India – Appellant
Versus
Iqbal Motors Transport Service (M/S) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jahangir Iqbal Ganai; Omais Kawoosa
For the Respondent: Mohsin Qadri; Mehreen Altaf

JUDGMENT :

Moksha Khajuria Kazmi, J.

Caveat No. 1840/2022

1. Heard learned counsel for the caveator. Caveat discharged.

2. The appellants, through the medium of present appeal, seek setting aside of the order dated 08.09.2022, hereinafter for short as impugned order, passed by the learned 2nd Additional District Judge, Srinagar, for short trial court, in an appeal titled M/s Iqbal Motors Transport Service & Anr v. Food Corporation of India and others, on the grounds taken in the memo of appeal.

Brief Facts

3. The case of the appellants, precisely, is that pursuant to tender notice, No. Cont./32(3)/JK/Tender/2019-20, dated 10.06.2020, the respondent transport company was allotted the tender, after having been declared as successful bidder, on 24.02.2021. The respondent-transport company was required, in terms of the contract, to supply foodgrains from EX-FSD New Godown Jammu to FSD Budgam. During the currency of such contract, the appellants issued a termination and debarment order no. Cont 32 (3)/ (JK)/Tender/2019-20/NIT:20.11.2020/NG Jammu to PEG Budgam II dated 26.08.2022, by virtue of which the contract with the respondent-transport company was terminated with immediate effect. The op

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