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2022 Supreme(Ori) 220

B.R.SARANGI, S.K.MISHRA
Jayshree Enterprises, represented through its Proprietor-Prabhat Kumar Biswal – Appellant
Versus
Food Corporation of India, Bhubaneswar – Respondent


Advocates Appeared:
For the Petitioner: M/s. Pami Rath, J. Mohanty, B. Mohanty, S. Guman Singh & S. Nayak.
For the Opp. Parties : M/s. Debasis Nayak-A, S.P. Swain & Debasmita Nayak, M/s. Majoj Kumar Pati, Central Government Counsel.

JUDGMENT :

B.R. Sarangi, J.

The Petitioner, which is a Proprietorship Firm and was engaged in transportation of food grains, has filed this Writ Petition, represented through its Proprietor-Prabhat Kumar Biswal, seeking to quash the letter dated 27.09.2016, under Annexure-8, issued by Opposite Party No.1 terminating the contract and forfeiting the Security Deposit including Bank Guarantee of the Petitioner Firm lying with the Food Corporation of India (FCI) against the contract and getting the work done for the unexpired period of the contract at his risk and cost, on account of breach of contract.

2. The factual matrix of the case, in brief, is that the Food Corporation of India (FCI), a Public Sector Undertaking of Govt. of India, was set up under the Food Corporations Act, 1964, in order to fulfill the objectives of the Food Policy. Opposite Party No.1-FCI issued a Notice on 10.03.2015 inviting tenders through online in respect of handling of food grains at Railhead, Hirakud and transportation to Food Storage Depot (FSD), Hirakud, and vice-versa for a period of two years. Abide by the terms and conditions of the tender prescribed in the Notice Inviting Tender (NIT), the Petitioner

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