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2020 Supreme(All) 1370

SUNITA AGARWAL, JAYANT BANERJI
Bharat Forge Limited – Appellant
Versus
Principal Chief Materials Manager Diesel Locomotive Works – Respondent


Advocates Appeared:
For the Appellant :Prashant Shukla and Anurag Khanna, Senior Advocate
For the Respondent: Rishi Kumar, Rajnish Kumar Rai and Udayan Nandan

ORDER :

1. Heard Shri Kavin Gulati, learned Senior Advocate assisted by Shri Prashant Shukla and Ankur Sehgal, learned Advocates for the petitioner; Shri Shashi Nandan, learned Senior Advocate assisted by Shri Udayan Nandan and Shri Ajay Sondhi, learned Advocates for the respondent no. 6 and Shri Rajnish Kumar Rai, learned Advocate for the respondent nos. 1 to 5 (Railways).

2. The petitioner herein is a company registered under the provisions of the Indian Companies Act having its registered office at Pune Cantonment, Mundhwa, Pune, Maharashtra.

3. The respondent no. 1, Diesel Locomotive Works, Varanasi published a notice dated 11.4.2019 inviting e-tender for procurement of Turbo Wheel Impeller Balance Assembly to D.L.W. Part no. 16080385. The Turbo Wheel Impeller Balance Assembly (in short referred to as the "procurement product") is an assembly critical to the 710G HHP locomotive run by the Railway. This product consists of a turbine and a compressor, coupled on a common shaft, and balanced to enable its rotation at speeds as high as 22,000 RPM(rounds per min). This assembly i

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