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2023 Supreme(Telangana) 652

SUREPALLI NANDA
Suryodaya Infra Projects (I) Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr Anurag Kumar Agarwal, Sr. counsel appearing on behalf of Mr Pasham Mohit
For the Respondent: Mr Gadi Praveen Kumar, Dy Solicitor General of India, Mr R.Raghavachary, Mr Damodar Mundra

ORDER :

Heard Dr Anurag Kumar Agarwal, Senior counsel appearing on behalf of Mr. Pasham Mohit, Learned Counsel representing the petitioner, Mr. Damodar Mundra, learned Counsel appearing for Respondent No.3. Sri Gadi Praveen Kumar, Deputy Solicitor General of India, learned Counsel appearing for Respondent No.1 and Sri R.Raghava Chary, learned counsel appearing for Respondent No.2.

2. This Writ Petition is filed praying to issue a Writ of Mandamus, declaring the actions of the 2nd Respondent in releasing and making payments to the 3rd Respondent in spite of being aware of the actions of the 3rd Respondent in not making payments to the Petitioner, i.e. the authorized subcontractor contrary to the terms of the Work Order dated 06.12.2018 as illegal, arbitrary and unconstitutional and consequently direct the 2nd Respondent to make payments to the tune of IN 2,90,00,000/- to the Petitioner directly towards the outstanding amounts under the Work Order dated 06.12.2018 arising out of Contract dated 10.11.2016 vide Agreement No. ED/(E&P)/ SP-III/RWLS/PKG-10/132.

3. The case of the Petitioner, in brief, is as follows:

    a) The Petitioner is a company incorporated under the provisions of Companies

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