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2013 Supreme(MP) 1502

K.K.LAHOTI, SUBHASH KAKADE
TELECOMMUNICATION CONSULTANTS INDIA LTD. – Appellant
Versus
STATE OF M. P. , MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED, AND MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhijeet A. Awasthi
For the Respondent:Jaideep Singh, Learned Dy. Government Advocate and Shri Himanshu Mishra, Learned Counsel

ORDER :

KRISHN KUMAR LAHOTI, J.

1. The petitioner has sought following reliefs:-

(a) Issue a writ of certiorari or any other appropriate writs/orders/directions, quashing the letter dated 7.11.2012 (Annexure P-15) issued by the respondents.

(b) Issue a writ of mandamus or any other appropriate writs/orders/directions, directing the respondent to forthwith release Bank Guarantee No. L43/BG/77/07 dated 29.03.2007 for Rs. 70,74,500/-, furnished by the petitioner towards Performance Security for the Pichore-Dinara-Datia Road Project.

(c) Issue a writ of mandamus or any other appropriate writs/orders/directions, directing the respondent to forthwith release a sum of Rs. 7,096,929/-, retained by the respondent towards Retention Money in respect of the Pichore-Dinara-Datia Road Project.

(d) Issue appropriate writs/orders/directions to prohibit/restraining the respondents from taking any coercive action against the petitioner.

(e) Pass such other and further orders as are deemed just and proper in the facts and circumstances of the case.

Case of the petitioner is that the petitioner entered into a contract for construction of Pichore-Dinara-Datia Road. The aforesaid work was completed, but because





















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