IRCON INTERNATIONAL LIMITED Vs. BEIGH CONSTRUCTION COMPANY PRIVATE LIMITED
LAWS(J&K)-2020-9-60
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 28,2020

IRCON INTERNATIONAL LIMITED Appellant
VERSUS
Beigh Construction Company Private Limited Respondents




JUDGEMENT

Sanjeev Kumar,J. - (1.)The instant revision petition by the IRCON International Limited [ "the petitioner "] is directed against the order dated 30.11.2019 passed by the Court of learned 2nd Additional District Judge, Jammu [ "the appellate Court "] in case No.83/Appeal entitled Beigh Construction Company Pvt. Limited v. IRCON International Limited, whereby the appellate Court has reversed the order of learned 1st Civil Subordinate Judge (Municipal Magistrate), Jammu [ "the trial Court "] dated 16.09.2019, whereby the plaint of the respondent has been returned in terms of Order-7 Rule 10 of the Code of Civil Procedure.
(2.)Before adverting to the grounds of challenge urged in this petition, it would be necessary to allude to few facts relevant for the resolution of the controversy involved in this petition.
(3.)The petitioner is a public sector undertaking, working under the aegis of the Ministry of Railways, Government of India, New Delhi and has its registered office at Plot No.C-4 District Centre, Saket, New Delhi. The petitioner is carrying out various developmental activities, more specifically, pertaining to the laying of new railway lines. In the course of its working, the petitioner, with a view to carrying on the construction of Tunnel- 77D (KM 146.60 to 148.3 approx) on Katra-Banihal Section of Udhampur- Srinagar-Baramulla New BG Railway Line Project in the Union Territory of Jammu and Kashmir for the Ministry of Railways, invited tenders vide NIT No. IRCON/J&K CELL/JAT/1014/K-B/T77D/341 dated 18-02-2016. The tender notice clearly delineated detailed terms and conditions subject to which the contract was to be awarded. The respondent, being one of the participants in the tendering process, was found to be the successful bidder and was awarded contract on 25.07.2016. The Letter of Intent issued to the respondent was thereafter followed by execution of documents including formal contract agreement dated 17.04.2017. As is apparent from the documents, the NIT was issued, the tendering process was completed and the contract agreement was signed by both the parties at New Delhi.
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