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2012 Supreme(Mad) 4894

R.BANUMATHI, K.K.SASIDHARAN
Gemini Communications Ltd. Rep. by its Authorised Signatory K. Radhakrishnan – Appellant
Versus
Chief General Manager Southern Telecom Projects Bharat Sanchar Nigam Ltd. – Respondent


Advocates Appeared:
For the Appellant:Sriram Panchu, Senior Counsel, J. Saravanakumar, R. Shanmugam, Advocates.
For the Respondent:T.R. Rajagopalan Senior Counsel, Assisted by M. Govindaraj, M.S. Velusamy, Advocates.

Judgment

1. These two intra-court appeals are directed against the order and decreetal order dated 21 September 2012 in O.A.Nos.238 and 239 of 2012 in C.S.No.207 of 2012, whereby and where under, the learned Single Judge was pleased to dismiss the interlocutory applications filed by the appellant for the purpose of restraining the respondent from terminating the Purchase Order dated 28 June 2010 and invoking the Performance Bank Guarantee.

Factual Background:

The case of the appellant:

2. The appellant is engaged in the business of providing and implementing networking solutions and services. The appellant has successfully completed various Government projects. The appellant has forged strong alliances with leading international companies and commands commendable respect in the industry. The Government of India under the administrative control of the Department of Information and Technology had intended to provide connectivity to Common Services Centres under the National e-governance project. The Government decided to implement the project under WiMAX technology and named it as "Rural WiMAX Project -II". The Government of India had entrusted the implementation of Rural WiMAX Proje





































































































































































































































































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