Madhya Pradesh High Court
Ssangyong Engineering And ... vs National Highway Authority Of India on 3 April, 2013
W.P. No. 4770/2013
Ssangyong Engineering and Construction Co. Vs. National
Highway Authority of India and others
03.04.2013
Smt. Indira Nair, learned senior counsel with Shri
Rajas Pohankar, counsel for the petitioner.
Shri Mohan Sousarkar, learned counsel for the
respondents.
In the present petition the petitioner has challenged the order dated 15.02.2013 passed by the respondents/authorities contending that the aforesaid circular is not applicable to the contract entered between the parties by which the respondents have changed the base year of wholesale price index from 1993-94 to 2004-05 incorporating a linking factor which is de hors the condition of the contract greatly causing prejudice to the petitioner as it alters the price index as given in the condition of the contract which is applicable on both the parties.
Having heard the learned counsel appearing for the parties and having perused the petition including the document Annexure P/6, we are not inclined to grant any relief prayed for by the petitioner in the present petition in view of the alternative efficacious statutory remedy available to the petitioner under sub-clause 67.1 for redressal of his grievance.
Though a prayer for interim relief is also made to the effect that the respondents be directed to make payment to the petitioner. In the meanwhile, we are not inclined to grant any interim relief in view sub-clause 67.2 which confers powers to the concerned authority to grant provisional relief such as interim or conservatory measures to the parties.
In the circumstances, the petition being meritless is accordingly dismissed.
(S.A. Bobde) (R.S. Jha)
Chief Justice Judge
msp