N.S.HEGDE, S.N.PHUKAN
Union Of India – Appellant
Versus
Dinesh Engineering Corporation – Respondent
JUDGMENT
Santosh Hegde, J.-These appeals are preferred against the judgment and order dated 15.10.1993 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 12355/93 filed by the first respondent herein. The brief facts necessary for disposal of the appeals are as follow :
The respondent-M/s. Dinesh Engineering Corporation - (hereinafter referred to as the writ petitioner ) claims to manufacture certain spare parts of GE governors used by the Indian Railways to control the speed in diesel locomotives. It is stated that originally the diesel governor was manufactured only by M/s. General Electric Company of the United States of America ( GE for short) and till the year 1974, the same was being imported as also its spare parts. Thereafter, while stopping the import of governors in regard to the spare parts required for replacement in the governors manufactured by General Electric Co., the Railways were approaching the local manufacturers.
2. On 9.12.1991, it is stated that a tender was floated by the Controller of Stores, Diesel Locomotive Works, Varanasi, for supply of certain items of spare parts for use in GE governors. It is stated that only
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