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2003 Supreme(All) 1032

M.KATJU, R.S.TRIPATHI
GANESH SHANKER PANDEY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
LALJI SINHA, S.K.RAI CHOAUDHARY, Tarun Varma, TRILOKI NATH, V.K.Goel, V.P.Tripathi

M. KATJU, J.

( 1 ) THIS writ petition has been filed against the impugned judgment of a learned single Judge of this Court (Honble Sudain Narain, J.) dated 17-8-1999 copy of which is Annexure 17 to the writ petition. The petitioner has also prayed for a mandamus to the appropriate authority under section 11 of the Arbitration and Conciliation act 1996 to appoint an Arbitrator to settle the dispute between the petitioner and respondents 1 to 4 and pay compensation to the petitioner for the loss suffered due to cancellation of his contract.

( 2 ) WE have heard the learned counsel for the parties and have carefully perused the impugned judgment. The facts of the case are mentioned in detail in the impugned judgment and hence need not be repeated. The contract in question was for conversion of 35 kms. Railway track from meter gauge to broad gauge. The petitioner had submitted a tender but he did not furnish the bank guarantee as was required. He was asked by the letter of Chief Engineer dated 27-3-1996 to submit bank guarantee within 15 days but he did not do so. Hence a letter was issued from the office of the Chief Administrative officer intimating to the petitioner that provisional









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