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2018 Supreme(All) 798

DEVENDRA KUMAR ARORA, VIRENDRA KUMAR II
AVANI PARIDHI ENERGY & COMMUNICATIONS (P) LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Srideep Chatterjee for the Petitioner; C.S.C. and Satyanshu Ojha for the Respondents.

JUDGMENT

Hon’ble Virendra Kumar, J.—Heard Shri Srideep Chatterjee, learned counsel for petitioner, the learned Standing Counsel for respondent No. 1 and Shri Satyanshu Ojha, learned counsel appearing for respondent Nos. 2 and 3.

2. The petitioner company has instituted this writ petition assailing the order dated 20.2.2018 passed by respondent No. 3, cancelling the agreement dated 1.1.2018 entered between the petitioner and the respondent No. 3 for violation of conditions of the said agreement. It is further pleaded that performance security has been forfeited in the most illegal, arbitrary and unreasonable manner, as it is violative of Articles 14, 19 and 21 of the Constitution of India.

3. It is contended by the learned counsel for petitioner that respondent No. 2 issued a notice inviting tenders (e-bid) for supply of man power on outsourcing basis. The petitioner company applied for the same and completed the necessary formalities required for the participation in the aforesaid tender. The respondent No. 3 wrote a letter dated 28.12.2017 informing the petitioner that rates quoted by him have been found to be lowest as such the petitioner was forwarded a copy of the draft agreemen













































































































































































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