T. K. Engineering Consortium Pvt. Ltd. v. Union of India
2019-01-25
H.S.THANGKHIEW
body2019
DigiLaw.ai
JUDGMENT : 1. Heard Mr. S.S. Dey, learned senior counsel assisted by Mr. S.K. Deori, learned counsel for the petitioner. 2. Mr. K. Paul, learned CGC accepts notice on behalf of the respondents No. 1 and 2 but expressed his difficulties to assist this Court today due to personal reasons and prays that the matter be taken on another date. Mr. S.S. Dey, learned senior counsel however submits that the matter is extremely urgent and unless the same is considered at the earliest the petitioner shall be put to irreparable loss. 3. Heard Mr. S.S. Dey, learned senior counsel at length, the matter concerns a subsisting contract of the petitioner for construction work for "Development of Integrated Check Post at Dawki (Meghalaya) along the Indo-Bangladesh Border". The writ petitioner has assailed the termination order dated 17.01.2019 whereby the contract has been terminated and wherein it is stated that the contractor had failed to execute the contract with due diligence in terms of clause 3 (ii) of the Conditions of Contract. 4. Mr. S.S. Dey, learned senior counsel has drawn the Courts attention to the letter dated 16.01.2019 whereby the petitioner was provided with revised structural drawings. He further states that the termination order is arbitrary in as much as revised drawings were only supplied on 16.01.2019 and states that the termination order issued on the next day itself i.e. 17.01.2019 is absolutely arbitrary and unwarranted. 5. The matter requires further consideration and proper assistance from the respondents. The respondents are directed to file counter affidavit positively before the next date. The petitioner is directed to take steps by registered AD and dasti within 5(five) days. In the meantime, till the next date the pending project shall not be allotted to any other party. 6. At the request of the parties, the matter be listed on 12.02.2019 for consideration of the interim prayer and for further hearing.