RAHEE INFRA TECH LIMITED Vs. GMR INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) By order dated 18th July, 2016 notice was issued to the respondent. Since learned Senior counsel for the petitioner pressed for an ex-parte ad-interim order therefore after hearing and considering the documents, the same was granted. On that date in view of the busy schedule, the detailed order could not be passed. The same is being passed today.

(2.) The brief facts are that on 3rd Oct., 2015 the respondent company issued a tender notice inviting bids for construction of Yamuna Bridge in New Karchana Station to New Bhaupur Station of Eastern Dedicated Freight Corridor project package 201 and package 202 in the State of Uttar Pradesh, India. On 19th Oct., 2015 the petitioner company made a bid in terms of the Tender Notice and deposited earnest money deposit by Bank Guarantee No.0115415IFG000126. On 9th Dec., 2015, the respondent issued the Letter of Intent, communicating their acceptance of the petitioner company bid. On 31st Dec., 2015, the petitioner mobilised their personnel at the project site and communicated the said fact vide email dated 31st Dec., 2015. The petitioner submitted additional details of bridge works executed by the petitioner company to the respondent company by email dated 1st Jan., 2016.

(3.) On 11th Jan., 2016, the respondent company thereafter issued a Letter of Award. On 14th Jan., 2016, the respondent company requested the petitioner company for additional details of the works executed by the petitioner company similar to the work awarded. The petitioner company responded to the respondent's email by email dated 14th Jan., 2016. Petitioner by email dated 15th Jan., 2016 mentioned that the Annexures in the Letter of Award dated 15th Jan., 2016 were not attached. On 19th Jan., 2016 the petitioner Company furnished Performance Bank Guarantee bearing no. 0115416IPG000006\dated 19th Jan., 2016 for a sum of Rs.3,12,50,150.00. On 21st Jan., 2016, the respondent company issued another Letter of Award along with the Annexures. On 25th Jan., 2016, the petitioner company by letter dated 25th Jan., 2016 furnished six advance bank guarantees for a sum of Rs.3,12,50,150.00 in terms of the Letter of Award. On 1st Feb., 2016, the petitioner company informed the respondent company that they were in the process of mobilising Resources. On 27th Feb., 2016, the petitioner informed the respondent that they had already mobilised staff, manpower material, crane and other equipment. On 1st June, 2016, the petitioner again informed the respondent about the same. On 15th June, 2016, the respondent sent letter dated 15th June, 2016 terminating the Letter of Award dated 21st Jan., 2016. On 1st July, 2016, the petitioner company responded to the letter of termination dated 15th June, 2016. On 6th July, 2016, the respondent company responded to the letter dated 1st July, 2016 of the petitioner company. On 11th July, 2016, the petitioner company wrote another letter submitting a statement of accounts indicating an expenditure of Rs.3,02,29,830.00 and sought 7 days time to collect and compile further documents.