D R I P L G K C P L M P S ( J V ) Joint Venture vs The Union Of India & Ors on 9 August, 2018

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Patna High Court - Orders

D R I P L G K C P L M P S ( J V ) Joint Venture vs The Union Of India & Ors on 9 August, 2018

Bench: Nilu Agrawal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.2396 of 2018
                 ======================================================
                 D R I P L G K C P L M P S ( J V ) Joint Venture, Office at 401, the
                 Ground Mall, SM Road, Opposite SBI , Zonal Office, Amawadi,
                 Ahamabad- 38015 Branch Office at Railway Quarter Rajgir, District-
                 Nalanda Bihar through its Partner Rakesh Kumar Sinha S/o late Mahander
                 Prasad Singh R/o - Dalichack, Khaugal, Patna.

                                                                        .... ....   Petitioner/s
                                                  Versus
                 1. The Union of India Chairman Railway Board, Railbhavan, New Delhi.
                 2. The General Manager, ECR Hajipur, District- Vaishali.
                 3. The Chief Engineer, South Construction, East Central Railway,
                    Mahandrughat, Patna.
                 4. The Deputy Chief Engineer/ Construction , East Central Railway,
                    Mahendrughat, Patna.

                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
                                             Mr. Krishna Mohan Mishra, Adv.
                 For the Respondent/s    :   Mr. D.K. Sinha, Sr. Adv.
                                             Mr. Abhinay Raj, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
                 ORAL ORDER


3   09-08-2018

Heard Mr. Y. V. Giri, learned senior counsel for the petitioner and learned counsel for the respondent-Railways Petitioner seeks quashing of the letter dated 05.10.2017 whereby the respondent along with the order passed Patna High Court CWJC No.2396 of 2018 (3) dt.09-08-2018 2/3 under clause 17 A (iii) of the Indian Railways Standard General Conditions of Contract has extended the period for completion of work up to 31.10.2017 under clause 17 A (iii) and has further extended the period from 01.11.2017 to 31.12.2017 under clause 17 B of the said General Conditions of Contract which postulates the recovery by way of damages. Petitioner submits that the extension which was granted till 31.10.2017 has further been extended by the respondent-Railways from time to time latest being extension granted till 05.08.2018 vide Annexure-18 dated 06.07.2018. He submits that respondents cannot be grant extension at one hand under 17 A (iii) which is delay due to railways and also saddle the damages under clause 17(B) of the G.C.C. in view of the decision in the case of Navshardul Construction Pvt. Ltd. Vs. The Union of India & Ors. since reported in 2007 (4) B.B.C.J. 571.

However, learned counsel for the Railways submits that the petitioner has been granted extension on the condition of clause 17 B after 01.11.2017. He seeks two weeks time to file comprehensive counter affidavit.

Put up the matter after two weeks.

However, respondents are restrained from making any recovery under clause 17 B of the Standard General Patna High Court CWJC No.2396 of 2018 (3) dt.09-08-2018 3/3 Conditions of Contract till the pendency of this writ application.

(Nilu Agrawal, J) Devendra/-

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Patna High Court - Orders