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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MR. JUSTICE KALYAN RAI SURANA, J
M/S KBM ENTERPRISE AND ANR – Appellant
Versus
NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED – Respondent
| Table of Content |
|---|
| 1. timeline on performance security requests essential for laying jurisdiction. (Para 2 , 3 , 17) |
| 2. the jurisdiction for writ petitions in bidding disputes lies where the contract is executed. (Para 4 , 5 , 6 , 10 , 12 , 14) |
| 3. exclusive jurisdiction lies explicitly in contractual terms. (Para 8 , 9 , 11 , 15) |
| 4. conclusion on returning the petition for lack of local jurisdiction. (Para 16) |
ORDER
Date : 02.07.2021
Heard Mr. P.J. Saikia, learned counsel for the petitioner and Mrs. R. Bora, learned standing counsel for the respondents.
2) By this writ petition filed under Article 226 of the Constitution of India , the petitioner has assailed the legality of (i) the letter no. NHIDCL/Civil Work/Nagaland/MTM/Pkg5/2020/880 dated 01.06.2021 issued by the Executive Director (T), NHIDCL, New Delhi (respondent no.3), thereby rejecting the request again made by the petitioner by his letter dated 27.05.2021, seeking extension of time for submission of Performance Security and Additional Performance Bank Guarantee and thereby withdrawing the LoA issued to the petitioner vide letter no. NHIDCL/Civil Work/Nagaland/MTM Pkg 5/Wakching/2021/823 dated 26.03.2021; (ii) for setting aside t
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