M/S. Hvac Systems Pvt. Ltd. vs The Deputy General Manager (Works) P&C on 25 September, 2019

[Cites 2, Cited by 0]

Karnataka High Court

M/S. Hvac Systems Pvt. Ltd. vs The Deputy General Manager (Works) P&C on 25 September, 2019

Bench: Alok Aradhe

                       1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

 DATED THIS THE 25TH DAY OF SEPTEMBER, 2019

                    BEFORE

    THE HON'BLE MR. JUSTICE ALOK ARADHE

   WRIT PETITION NO.15742 OF 2019(GM-TEN)

BETWEEN:

M/S. HVAC SYSTEMS PVT LTD
REGD.OFFICE AT # 145,
II MAIN, I B CROSS, II STAGE,
II PHASE, DOMLUR,
BENGALURU-560 071
REPRESENTED BY ITS MANAGING DIRECTOR
MS KUNJITHAMALA
                                    ... PETITIONER
(BY SRI.ABHISHEK M R, ADVOCATE FOR
    SRI.HARIKRISHNA S. HOLLA, ADVOCATE)

AND:

THE DEPUTY GENERAL MANAGER (WORKS) P & C
FACILITIES MANAGEMENT DIVISION
HINDUSTAN AERONAUTICS LIMITED
VIMANAPURA POST,
POST BAG NO.1703,
BENGALURU-560 017.
                                    ...RESPONDENT
 (BY SRI.KEERTI KUMAR D. NAIK, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO QUASH THE ORDER DATED 06.03.2019
(ANNEXURE-T) ISSUED BY HINDUSTAN AERONAUTICS
LIMITED AND ETC.
                                2


     THIS  WRIT   PETITION  COMING    ON  FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING:-

                         ORDER

Sri.Abhishek M.R, learned counsel for Sri.Harikrishna S. Holla, learned counsel for the petitioner.

Sri.Keerti Kumar D. Naik, learned counsel for the respondent.

The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

2. In this petition, the petitioner inter alia has prayed for the following reliefs:

'i) Issue writ in the nature of Certiorari or any other appropriate writ or order or direction quashing order bearing No.FM/1023/EC-2482/1055/2019 dated 06.03.2019 (Annexure-T) issued by Hindustan Aeronautics Limited.

ii) Issue writ in the nature of Mandamus or any other appropriate writ or order or direction directing the respondents to issue gate pass to the employees of petitioner to complete 5% of the contract of air conditioning facility to the existing G150 Hangar at Aircraft Division, HAL vide letter No.HAL/FMD/EC-2482/12-13.

iii) Direct the respondents to release balance amount of Rs.1.44 crores being the balance amount payable by them together with interest @ 12% from the date of contract towards the above contract.

iv) Direct the respondents to pay additional sum of Rs.14,03,020/- towards the deviation which was attended by the petitioner in pursuance of the deviation order issued by respondents vide letter dated 30.04.2015 (Annexure-J1).'

3. When the matter was taken up today, learned counsel for respondent submitted that the contract in question has been awarded to a third party and that he has filed a memo to that effect. 4

4. From perusal of the aforesaid memo, it is evident that the work order has been issued in favour of third party on 30.04.2019 and the aforesaid third party has completed the contract in question. The aforesaid memo is taken on record.

5. In view of the facts mentioned therein, nothing survives for adjudication in this writ petition.

Accordingly, the writ petition is dismissed as having become infructuous.

Sd/-

JUDGE dn/-

Unlock Advanced Research with PRISMAI

Karnataka High Court