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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, N. Mala, JJ
Harshita-Altis Jv – Appellant
Versus
Chief Engineer Construction West Southern Railway Construction – Respondent
| Table of Content |
|---|
| 1. overview of tender dispute background and initial interim orders. (Para 1 , 2 , 3) |
| 2. parties argument regarding tender validity, insolvency, and contract award criteria. (Para 4 , 5 , 10) |
| 3. evaluation of evidence regarding moratorium status and performance guarantees. (Para 6 , 7 , 8 , 9 , 11 , 12) |
| 4. assessing public interest priority over commercial litigation in mega-projects. (Para 13 , 14 , 16 , 17 , 19) |
| 5. judicial restraint principles applied to government tender awards. (Para 15 , 18) |
| 6. final order dismissing writ petition with costs for misleading the court. (Para 20) |
ORDER
(Order of the Court was delivered by N.MALA,J.)
1. Letter of Acceptance issued in respect of construction of New Railway BG Line between Tindivanam and Nagari (Reach I & II) on EPC Mode is the subject matter of challenge in this Writ for Certiorarified Mandamus, filed by the representative of M/s Harshita Construction, a participant in the bid floated by the Railways along with the second respondent M/s KMC Constructions Limited. Contending that the second respondent in whose favour Letter of Acceptance is issued, was an insolvent as on date of issuance of the Letter of Acceptance, the wri
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