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2023 (3) TMI 1420 - HC - Indian LawsLegality of Clause 25(viii) contained in general conditions of contract of the NIT (Note Inviting Tender) (Annexure P-1) between petitioner and respondents - requirement to deposit 10% Deposit-at-call as per Clause 25(viii) - HELD THAT:- In the light of the decision rendered by the Supreme Court in M/s Icomm Tele Ltd. [2019 (3) TMI 600 - SUPREME COURT], which has considered absolutely an identical clause contained in the agreement between the parties and after doing so has struck down the said clause, it is not for this Court i.e. the High Court to consider the contention of the respondent and take a different view as that would be not just beyond the authority of this Court but would also be an act of impropriety. This Court being bound by the decision rendered by the Supreme Court in M/s Icomm Tele Ltd. allowed the present petition filed by the petitioner and declares the arbitration clause 25(viii) of the tender conditions, quoted above, as unconstitutional and passes the same orders in similar terms as were passed by the Supreme Court in paragraph-28 of the decision rendered in M/s Icomm Tele Ltd. In view of the fact that the Supreme Court has considered and decided the question relating to an identical clause, this Court is not required to and cannot go into any other issue raised by the petitioner, which is left open to be considered and decided in appropriate proceedings. Petition disposed off.
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