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| Court dismisses application of Snohydro Group of China for tendering | | Rs10000 cr Hydro Project | | ET Report
Jammu, Feb 3 (JNF): In a suit for declaration to the effect that the plaintiff is fully eligible and entitled to participate in the EPC tender Process for 4X 250 MV on turnkey execution basis, pursuant to tender No CVPPP/PD/MW/RW/TK/2013 dtd 19/06/2013, court vacated interim directions passed by District Judge Jammu on 11/1/2014 in this application and consequently this application is dismissed and shall be made part of main case suit.
Special Judge Municipal Mobile Magistrate after hearing both the sides observed that that the plaintiff has no balance of convenience in its favour as the project intended to be implemented has mammoth public interest and the plaintiffs individual interest cannot over ride the public interest imbedded in the project sought to be implemented for harnessing the water resource of the State to generate employment and make the State self reliant in electricity and to improve overall economic conditions. Moreover, the plaintiff is not going to suffer such irreparable loss which cannot be compensated by way of damages and the defendant is very much in a position to pay damages in case plaintiff is able to prove its disputed facts later on in the suit. Maintainability of the suit is also a factor which would be taken up in the main suit at appropriate stage. Therefore, in the given facts and circumstances interim directions passed by District Judge Jammu on 11.1.2014 in this application, are vacated. Consequently this application is dismissed and shall be made part of main case suit.
Here it needs to mention In a suit for declaration to the effect that the plaintiff is fully eligible and entitled to participate in the EPC tender Process for 4X 250 MV on turnkey execution basis, pursuant to tender No CVPPP/PD/MW/RW/TK/2013 dtd 19/06/2013, on the basis of fulfillment of all the eligibility conditions by the plaintiff as promulgated by the defendant and further declaration to the effect declaring communication No CVPP/PD/MW/RB/TK-04/2014/49 dtd 08/01/2014 addressed by the defendant to the plaintiff thereby rejecting the participation of the plaintiff in the tender process as null and void, inoperative qua further consequential relief mandatory injunction directed the defendant to permit the plaintiff to participate in the EPC tender process pursuant to tender No CVPPP/PD/MW/RW/TK/2013 dtd 19.06.2013 on the basis of fulfillment of all the eligibility conditions by the plaintiff as promulgated by the defendant.
On January 11, 2014 Principal District Judge Jammu after gone through the application observed that The plaintiff has made out a prima facie case at this stage in his favour and the balance of convenience also lies in favour of petitioner. Meanwhile the operation of letter dated 8/1/2014 addressed to the plaintiff by the defendant rejecting the participation of plaintiff in the tender process is stayed till next date of hearing and plaintiff is permitted to participate in the tender process pursuant to tender dated 19/6/2013. This order is however, subject to objections from the other side and transferred the same to Court of Special Municipal Mobile Magistrate Jammu. |
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