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2022 Supreme(SC) 76

M. R. SHAH, A. S. BOPANNA
National High Speed Rail Corporation Limited – Appellant
Versus
Montecarlo Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Tushar Mehta, SG Mr. Amit Kumar Mishra, Adv Mr. Gaurav Mahajan, Adv Mr. Kunal Chatterji, AOR Mr. Sanjeet Ranjan, Adv Mr. Yash Kumar, Adv Mr. Rajat Nair, Adv Ms. Maitrayee Banerjee,Adv
For the Respondent(s): Mr. Monish Panda, Adv. Mr. Parth J. Contractor, Adv MR. Ayush Sharma, AOR MR. Mrinal Bharat Ram Adv

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.08.2021 passed by the High Court of Delhi in Writ Petition (C) No. 5127 of 2021 by which the High Court has allowed the said writ petition preferred by the respondent herein – original writ petitioner (hereinafter referred to as the “original writ petitioner”) and has quashed the communications dated 27.04.2021 and 28.04.2021 and the notification dated 28.04.2021 by which the original writ petitioner was informed that its technical Bid has been rejected on the ground that the same is non-responsive and consequently has directed the appellant herein to proceed in accordance with law qua the tender process by further examining the Bid of the original writ petitioner, the original respondent – National High Speed Rail Corporation Limited (hereinafter referred to as “NHSRCL”) has preferred the present appeal.

2. That the appellant herein – NHSRCL is a Government Company incorporated under the Companies Act, 2013 with equity participation of the Government of India, Government

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