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2023 Supreme(Telangana) 168

K. LAKSHMAN
Sri Siva Sai Enterprises, rep. by its Managing Partner, Mr. Yavanamanda Siva Rama Raju – Appellant
Versus
Food Corporation of India, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Akkam Eshwar
For the Respondent: Mr. Dominic Fernandes

ORDER :

Heard Mr. Akkam Eshwar, learned counsel for the petitioner and Mr. Dominic Fernandes, learned counsel for respondent Nos.1 and 2. Despite service of notice, none appears on behalf of respondent Nos.3 to 5.

2. The present writ petition is filed seeking to declare the action of respondent No.2 in taking steps to encash bank guarantee bearing no. F33GPGEE20227001 for Rs. 4,40,000/- dated 14.08.2020 and bank guarantee bearing no. F33GPGEE20227004 for Rs. 4,40,000/- dated 14.08.2020 by addressing a letter dated 29.09.2022 to respondent No.3 as illegal, arbitrary and violative of principles of natural justice and to set aside the same.

3. Facts of the case:

i) The petitioner, M/s. Sri Siva Sai Enterprises, is a registered partnership firm. It participated in the tender process and submitted its bid in relation to work dealing with handling and transportation of food grains at FSD, Pedapally. The petitioner’s bid was accepted and a Handling and Transportation agreement dated 16.06.2020 was entered into between respondent No.2 and the petitioner.

ii) As per the terms of the agreement, the petitioner was to commence the work from 16.06.2020 and complete it by 15.06.2022. The agreement pr

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