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2022 Supreme(SC) 246

HEMANT GUPTA, V. RAMASUBRAMANIAN
N. G. Projects Limited – Appellant
Versus
Vinod Kumar Jain – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sunny Choudhary, AOR Ms. Mrigna Shekhar, Adv.
For the Respondent(s): Mr. Arunabh Chowdhury, Sr. Adv. Ms. Pragya Baghel, Adv. Ms. Pallavi Langar, AOR Ms. Barnali Chowdhury, Adv. Ms. Shelly Singh, Adv. Mr. Kaushik Poddar, AOR

ORDER :

1. The challenge in the present appeal is to an order dated 6.1.2022 passed by the Division Bench of the High Court of Jharkhand at Ranchi whereby the appeal filed by the State against the order of the learned Single Bench allowing the Writ Petition No. 5416 of 2019 was dismissed.

2. The Special Leave Petition came up for hearing before this Court on 7.3.2022, when the following order was passed:

    “Leave granted.

    The appeal is allowed.

    The appellant shall be permitted to complete the project but will not claim escalation for the period the matter was pending before the Court.

    The writ petition before the High Court is dismissed.

    Detailed Judgment/Order to follow.”

3. The Road Construction Department of Jharkhand invited tenders on 7.6.2019 for reconstruction of Nagaruntari-Dhurki-Ambakhoriya Road. Respondent No. 1 participated in the tender process and also submitted Bank Guarantee as bid security but such tender was cancelled on 20.8.2019 and fresh Notice Inviting Tender1 [for short the ‘NIT’] was invited for reconstruction of the said Nagaruntari-Dhurki-Ambakhoriya road.

4. The Tender Evaluation Committee held a meeting for technical evaluation of bids and 13 out of 15 bids were


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