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2016 Supreme(Mad) 994

R.SUBBIAH
Thyssenkrupp Industries India Pvt. Ltd. – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sriram Panchy, Senior Advocate for Mr. S. Ravichandran, Mr. Sriram Panchy, Senior Advocate for Mr. K. Chandrasekaran
For the Respondents:Mr. V. Jayaprakash Narayanan Special Government Pleader for R1, Mr. A.L. Somayaji, Advocate General assisted by Mr. Abdul Saleem for R2, Mr. Vijay Narayanan, Senior Advocate for Ms. Preethi Mohan for R3

ORDER :

The issue that arises for consideration in all these writ petitions are common and identical. In all these writ petitions, the petitioner company questions the award of the tender in favour of Larsen and Toubro Company Limited (in short L & T), one of the respondents in these writ petitions, for expansion of Ariyalur Cement Plant at Ariyalur. The counsel on either side have advanced common argument in all these writ petitions, therefore, by their consent, the writ petitions are taken up together and are disposed of by this common order.

2. The facts which led to filing of WP No. 3100 of 2016 can briefly be set out hereunder:-

(i) It is claimed that the petitioner company is a preferred turnkey contractor in the field of Open Cast Mining & Bulk Material Handling Cement Plants, Industrial Boilers and Sugar Plants. The petitioner company is an ISO 9001 Company accredited with various certificates. It is claimed that the technology used by the petitioner company is much better than the other companies in India.

(ii) According to the petitioner, the Tamil Nadu Cements Corporation Limited (TANCEM) hereinafter referred to as Corporation, is a wholly owned Tamil Nadu Government Enterpr















































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