Raj and Associates Construction vs Union of India (UOI) and Others

Markandeya Katju, C.J.—This writ appeal has been filed against the impugned judgment dated 25th May, 2005 passed by the learned Single Judge. It appears that the National Highways Authority had given a contract to a joint venture of the petitioner/ appellant and respondent no.3. Subsequently it was discovered that fake bank guarantees had been given in connection with the contract, and hence, the contact was cancelled and the parties were black listed.

2.The Learned Single Judge by the impugned judgment has held that the matter relating to procurement and submission of fake bank guarantees is a factual matter which cannot be the subject matter of a writ petition as it requires evidence. We agree with the view taken by the learned Single Judge. This is not a fit case for exercising discretion under Article 226 of the Constitution where fake bank guarantees have been given. We find no infirmity in the impugned order. The appeal stands dismissed. However, the appellant can pursue his alternative remedy by way of a civil suit.