LAWS(CHH)-2020-3-95

KALYAN TOLL INFRASTRUCTURE LTD Vs. U. P. STATE CONSTRUCTION AND INFRASTRUCTURE DEVELOPMENT CORPORATIO LIMITED

Decided On March 23, 2020
Kalyan Toll Infrastructure Ltd Appellant
V/S
U. P. State Construction And Infrastructure Development Corporatio Limited Respondents

JUDGEMENT

(1.) The challenge involved in all these cases and the relief sought for are almost similar and hence, they are taken up and heard together as agreed by both the sides. WPC No.3757 of 2019 is treated as the lead case and parties and proceedings are referred to as given therein, except where it is separately adverted to based on the context.

(2.) Cancellation of Annexure-P/3 tender dated 27.06.2019 and Annexure-P/5 Letter of Intent ('LOI', for short), as per Annexure-P/1 dated 27.09.2019 issued by the 2nd Respondent Executive Engineer of the 1 st Respondent Corporation and Annexure-P/2 re-tender issued by the 1 st Respondent at the Headquarters level are put to challenge in this writ petition by the Petitioner, who was identified as L-1 bidder in the earlier proceedings, leading to issuance of Annexure-P/5 LOI. The Petitioner also seeks to permit the Petitioner to carry out the work awarded pursuant to Annexure-P/5 - LOI dated 14.08.2019.

(3.) Heard Shri Manoj Paranjpe, the learned counsel appearing for the Petitioners, Shri Anuj Kudesia, the learned counsel appearing for the 1 st Respondent-Corporation (who disowns the 2nd Respondent Executive Engineer, having been suspended from the service pending enquiry for the alleged misdeeds in connection with the very same tender) and Ms. Deepali Pandey, the learned counsel appearing for the 3rd Respondent.