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2021 Supreme(Mad) 2034

S.M.SUBRAMANIAM
P. Subramani – Appellant
Versus
Authorised Signatory, Board of Trustees – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.M. Gokul Ram for M/s. Nathan.
For the Respondent: P. Saravanan.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to Termination Letter No. P1/3811/2011/E passed by the 2nd respondent dated 09.05.2013 and quash the same and consequently direct the respondents to reimburse the forfeited bank guarantee dated 16.04.2012 vide Bank Guarantee No. 04/2012 for a sum of Rs. 7,55,178/- along with an interest of 24% p.a. from the date of the bank guarantee.

1. The Termination letter dated 09.05.2013 issued by the second respondent is sought to be quashed in the present writ petition and further, a direction is sought for to reimburse the forfeited Bank Guarantee dated 16.04.2012 along with the interest.

2. The petitioner participated in the tender process and he was a successful bidder. The petitioner provided Bank Guarantee as per the terms and conditions of a contract between the petitioner and the respondent was executed on 07.06.2012 for the execution of “Widening the Concrete Road from West Fire Service Station to First Container Terminal (DP World)” and the tender was accepted in accordance with the supply/delivery sched

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