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2024 Supreme(Telangana) 476

SUREPALLI NANDA
Sri Balaji Associates – Appellant
Versus
Singareni Collieries Company Limited – Respondent


Advocates Appeared:
For the Petitioner: V. Ravi Kiran Rao.
For the Respondent: P. Sri Harsha Reddy SC for Singareni Collieries Co. Ltd.

ORDER :

Surepalli Nanda, J.

Heard Sri V. Ravi Kiran Rao, learned counsel appearing on behalf of the petitioner and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited, appearing on behalf of respondents.

2. The petitioner approached the Court seeking prayer as under :

    “…to issue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus declaring the Proceedings issued by the Respondent No.2 vide Ref. No.CRP/CMC/E1414O0290/6051 dated 09.12.2014 forfeiting the Earnest Money Deposit of Rs.5,00,000/- (Rupees Five Lakhs) invoking the condition No.2.2.c(v) of NIT (Notice Inviting Tender) conditions and the consequential proceedings No.CRP/CMC/E 1414O0290/6277 dated 22.12.2014 rejecting the representation dated 17.12.2014 submitted by petitioner as per the terms and conditions of NIT (Notice Inviting Tender) as illegal, arbitrary, unjustified, violative of Articles 14 and 300-A of the Constitution of India apart from the provisions of Contract Act 1872 and consequently direct the Respondents to return the Earnest Money Deposit amount of Rs.5,00,000/- and pass such further or other orders as the Hon’ble Court may deem fit and proper

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