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2015 Supreme(Mad) 228

C.S.KARNAN
R. P. P. Infra Projects Limited – Appellant
Versus
Tamil Nadu Generation and Distribution Corporation Ltd. , (TANGEDCO), Represented by its Chief Engineer, Materials Management – Respondent


Advocate Appeared:
For the Petitioners:P.J. Rishikesh, Advocate.
For the Respondents:R1, P. Gunaraj, R2, F.B. Benjamin George, Advocates.

Judgment

1. The short facts of the case are as follows:-

The petitioner submits that the petitioner's Company is a leading Contractor having successfully undertaken various major projects in Civil construction and other allied works both in India and abroad. The 1st respondent herein had floated a tender dated 29.07.2012 for execution of distribution of strengthening works under R-APDRP Part B scheme in 7 towns in Erode Region of TANGEDCO. The last date of submission of bid was 29.09.2012 and the validity of the bid was 180 days i.e., to end by 28.03.2013.

2. The petitioner further submits that under the bid document, liberty was given to the tenderer to have a JV Partner who would possess requisite eligibility and experience. Accordingly, the petitioner entered into a consortium agreement dated 12.09.2012 with one M/s. Ubitech Private Limited, Faridabad, Haryana 121001 and the said consortium was called as M/s. RPP-Unitech JV. The said RPP-Ubitech JV gave a power of attorney dated 12.09.2012 to the petitioner company to represent the consortium in the tenders. Accordingly, the petitioner submitted the bids on 29.09.2012, along with EMD in the form of Bank Guarantee dated 28.09.2012 f
























































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