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2014 Supreme(All) 2331

D. Y. CHANDRACHUD, DILIP GUPTA
Pravin Maheshwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: R.D. Tiwari, Archana Mishra.
For the Respondent: C.S.C., Satish Chaturvedi.

JUDGMENT

Hon'ble Dilip Gupta, J.

The petitioner had a contract with the State Bank of India for supplying a generator for a period of three years. The petitioner is aggrieved by a communication issued by the Bank for the removal of the generator prior to the expiry of the agreement.

2. A similar issue has been considered by this Division Bench in Roshan Lal Yadav Vs. State Bank of India & Anr.1. The Division Bench held as follows: -

“The petitioner entered into an agreement with the first respondent for supplying a generator for a period of three years from 15 April 2013 to 14 April 2016. The grievance of the petitioner is that the bank has now notified tenders. The petitioner seeks a mandamus directing the first and second respondents not to interfere with the functioning of the generator supplied by the petitioner for a period of three years. The petitioner also seeks to challenge the notification issued by the State Bank of India inviting tenders.

At the highest, the grievance of the petitioner is that the first respondent has, in breach of the contract with the petitioner, now called for fresh tenders. Prayer (ii) essentially seeks specific performance of the agreement between the p






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