Gujarat High Court
Classic Network Private Limited And ... vs State Of Gujarat on 14 June, 2023
Bench: A.J.Desai, Biren Vaishnav
C/SCA/5390/2023 ORDER DATED: 14/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5390 of 2023
==========================================================
CLASSIC NETWORK PRIVATE LIMITED AND BACKBONE ENTERPRISES
LIMITED (JV)
Versus
STATE OF GUJARAT
==========================================================
Appearance:
PARAS K SUKHWANI(8284) for the Petitioner(s) No. 1
MR. KANVA M. ANTANI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
DHRUVKUMAR S CHAUHAN(8138) for the Respondent(s) No. 3
GOVERNMENT PLEADER for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 14/06/2023
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI) 1 By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
"19(A) This Hon'ble Court be pleased to admit present Petition.
(B) This Hon'ble Court may kindly be pleased to issue an appropriate writ, order or directions to quash and set aside direction to deposit rs.4,48,09,611.82. issued by Respondent No.2 by letter No. AB/Bharuch/498 of 2023 dated 17/03/2023.Page 1 of 3 Downloaded on : Thu Jun 15 20:40:38 IST 2023
C/SCA/5390/2023 ORDER DATED: 14/06/2023 (C) Pending admission, hearing and final disposal of this Petition, Respondents be restrained from effecting the Recovery of Rs.4,48,09,611.82 from other ongoing works and encashing Bank Guarantee No. BG/PER/05560011616 dated 22/07/2016 for Rs.4,93,30,000/- issued by Respondent No.3. (D) This Hon'ble Court may please grant any other and further relief as may be deemed fit under the facts and circumstances of the case." 2 In response to the notice issued by this Court, the State Authorities have filed reply, to which rejoinder has been filed by the petitioner.
3 It is reported that the parties have approached for conciliation to the State Authorities under Clause 26.2 of the General Conditions of Contract. It is also reported that they had appeared before the concerned authority on 15.05.2023.
4 Considering the above aspect, we dispose of the petition with following directions:
(I) The Authority, who has undertaken the conciliation under Clause 26.2 of the General Condition of Contract shall conciliate and pass appropriate orders as early as Page 2 of 3 Downloaded on : Thu Jun 15 20:40:38 IST 2023 C/SCA/5390/2023 ORDER DATED: 14/06/2023 possible in accordance with law.
(ii) Till he conciliates the issue, the bank guarantee which is sought to be invoked shall not be invoked. There would be stay against invoking the bank guarantee.
It will be open for the present petitioner to avail the remedy, if report is against the petitioner. The petition is disposed of, accordingly.
(A.J.DESAI, ACJ) (BIREN VAISHNAV, J) BIMAL Page 3 of 3 Downloaded on : Thu Jun 15 20:40:38 IST 2023