Gauhati High Court
M/S S D Construction vs The Union Of India And 4 Ors on 17 July, 2023
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010152322023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3971/2023
M/S S D CONSTRUCTION
HAVING THEIR OFFICE AT BORA SERVE BYE LANE, ULUBARI, GUWAHATI,
ASSAM-781007 DULY REP. BY ITS PROPRIETOR, SRI DEBOPRIYO DEBROY
AGED ABOUT 46 YEARS.
S/O LATE SANKAR DEBROY,
R/O STAR ENCLAVE, G.N.B. ROAD, PANBAZAR, GUWAHATI-781001, ASSAM
VERSUS
THE UNION OF INDIA AND 4 ORS
REP. BY THE SECRETARY,
MINISTRY OF DEFENCE, NEW DELHI-110001.
2:ENGINEER-IN-CHIEF
MILITARY ENGINEER SERVICES
DIRECTORATE OF CONTRACT MANAGEMENT
KASHMIR HOUSE
RAJAJI MARG
NEW DELHI-110011
3:THE CHIEF ENGINEER (AF)
SHILLONG ZONE
MILITARY ENGINEER SERVICES (MES)
ELEPHANTA FALLS CAMP
NONGIYER
SHILLONG- 793009
MEGHALAYA.
4:THE COMMANDER WORKS ENGINEER
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(AIR FORCE) MILITARY ENGINEER SERVICES
JORHAT
ASSAM
PIN-785005.
5:THE GARRISON ENGINEER (AF)
MILITARY ENGINEER SERVICES
JORHAT
ASSAM
PIN-78500
Advocate for the Petitioner : MRS. R BORAH
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : --17.07.2023.
Heard Mr. D. Bora, learned counsel for the petitioner. As pointed out that before cancellation of a contract, the respondents authorities are required to give to the petitioner an appropriate and sufficient notice as envisaged under clause 21.8.1.(A)(ii) of the MES Manual of Contracts 2020. It is asserted by the learned counsel for the petitioner that as per his instructions no notice before cancelation was served upon the petitioner. Accordingly, it is submitted that notwithstanding the petitioner had invoked arbitration clause, owing to non-compliance of the provision referred herein before, it is submitted that the writ petition would be maintainable. Mr. K.K. Parasar, learned CGC appearing for the respondent has raised issue of maintainability of this writ petition owing to existence of arbitration clause, contained in the agreement read with General Conditions of Contract.
Page No.# 3/3 Be that as it may, as the issuance of notice before cancellation of contract is raised, the Court is inclined to grant time to the learned CGC to obtain instructions and to produce documents to show that notice before cancellation of contract as indicated herein above was issued to the petitioner. List the matter on 21.07.2023 in the motion column.
JUDGE Comparing Assistant