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TUV SUD SOUTH ASIA PRIVATE LTD – Appellant
Versus
UNION OF INDIA – Respondent


ORDER:

This Writ Petition filed under Article 226 of the Constitution of India calls in question the E-mail letter bearing Ref: VSP/WK/WC/19 dated 25.07.2019 of the 2nd respondent herein, Rashtriya Ispat Nigam Limited, to the extent of debarring the petitioner from participation in the future tenders for a period of two years with effect from 25.07.2019. 2. The 2nd respondent issued a tender notification bearing NIT No.2600002555 dated 28.06.2018, inviting tenders for conducting RLA Study in CDCP Boilers. The petitioner herein responded to the same and emerged as the successful tenderer. The 2nd respondent-organization, alleging violation of the tender conditions, issued a show cause notice bearing Ref: VSP/WK/WC/19 dated 25.07.2019, calling upon the petitioner herein to show cause as to why action should not be taken as per clauses of SCC as per paragraph No.5.0 of the said show cause notice, debarring from entering into future tenders for a period of two years, including termination of the contract with recovery of risk and costs and also forfeiture of EMD. Eventually, the 2nd respondent, by way of the questioned proceedings dated 25.07.2019, terminated the contract with recovery

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