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Supreme Court - Daily Orders

M/S Mythri Infrastructure And Mining ... vs The State Of Odisha on 19 January, 2023

Author: M.M. Sundresh

Bench: M.M. Sundresh

     ITEM NO.9                         COURT NO.7                 SECTION XI-A

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)              No(s).    20851/2021

     (Arising out of impugned final judgment and order dated 10-12-2021
     in WPC No. 26548/2021 passed by the High Court Of Orissa At
     Cuttack)

     M/S MYTHRI INFRASTRUCTURE AND MINING
      INDIA PVT. LTD. & ANR.                                           PETITIONER(S)

                                                VERSUS

     THE STATE OF ODISHA & ORS.                                     RESPONDENT(S)

     (IA No. 165976/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT, IA No. 4921/2022 - EXEMPTION FROM FILING O.T., IA No.
     18568/2022 - INTERVENTION/IMPLEADMENT)

     Date : 19-01-2023 This matter was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SANJIV KHANNA
                         HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)             Ms. Rohini Musa, AOR

     For Respondent(s)             Mr. Rakesh Dwivedi, Sr. Adv.
                                   Mrs. Kirtirenu Mishra, Adv.
                                   Mr. Subhasish Mohanty, AOR
                                   Ms. Ratnapriya Pradhan, Adv.
                                   Mr. Yashvardhan Sinha, Adv.

                                   Mr. Siddharth Dave, Sr. Adv.
                                   Ms. Pallavi Pratap, AOR
                                   Ms. Prachi Pratap, Adv.
                                   Dr. Prashant Pratap, Adv.
                                   Mr. Akshay Singh, Adv.
                                   Ms. Avadhi Jain, Adv.
                                   Mr. Arnav Vats, Adv.

                                   Mr. Mukul Rohatgi, Sr. Adv.
                                   Mr. Pinnaki Mishra, Sr. Adv.
                                   Mr. Naveen Kumar, AOR
                                   Mr. Nitesh Bhandari, Adv.
Signature Not Verified
                                   Ms. Stuti Bisht, Adv.
Digitally signed by
POOJA SHARMA
Date: 2023.01.20
                                   Mr. Shourajeet Chakravarty, Adv.
16:22:53 IST
Reason:                            Mr. Prabhat Kumar, Adv.
                                   Ms. Aprajita Bhardwaj, Adv.
                                   Mr. Sankalp Suman, Adv.

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                         Mr. Shivam Kumar, Adv.
                         Mr. Keshav Sehgal, Adv.

                         Mr. Prashant Sen, Sr. Adv.
                         Mr. Piyush Dwivedi, AOR


                UPON hearing the counsel, the Court made the following
                                  O R D E R

It is pointed out to us that about 122 bids were received and uploaded in the server in question on 24.07.2021 upto 3:00 p.m. On the basis of preponderance of probability, the High Court has rightly arrived at the conclusion that the technical glitch was at the end of the petitioners.

During the course of hearing, the learned Senior Advocate appearing on behalf of the petitioners has stated that the tender qua the 11th block has been cancelled/annulled. This is disputed by the learned Senior Advocate appearing on behalf of the State of Odisha. We make no comments in this regard.

Recording the aforesaid, we do not find any good ground and reason to interfere with the impugned judgment and hence the special leave petition is dismissed.

Application for impleadment stand disposed of. Pending application(s), if any, shall stand disposed of.

       (POOJA SHARMA)                                       (R.S. NARAYANAN)
      COURT MASTER (SH)                                   COURT MASTER (NSH)




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