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BEFORE HONOURABLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE MANISH CHOUDHURY Date : 23-09-2019 JUDGMENT & ORDER [A. K. Goswami, C.J. (Acting) This intra-court appeal is filed by the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and its functionaries against the common judgement and order dated 11.06.2019, passed by the learned Single Judge in WP(C) 3452/2019 and WP(C) 3723/2019.

"Heard Mr. S. S. Dey, learned Senior Counsel assisted by Mr. D. J. Kapil, learned counsel for the petitioner and Mr. R. K. Talukdar, learned Standing Counsel, National Highways and Infrastructure Development Corporation Ltd. (NHIDCL).
Matter relates to proposal for termination of contract awarded to the petitioner regarding four laning of National Highway 37 from Nagaon bypass end to Rangagara. In this connection, notice for termination was issued to the petitioner on 24.04.2019 giving liberty to the petitioner to make a representation within 15 days. Petitioner has submitted representation dated 02.05.2019 responding to such notice. It is apprehended that without taking a decision on the representation submitted by the petitioner, termination order may be issued.
(xiii) GM (P) Letter No. 10009/Notice/N-R/NHIDCL/Tez/10101/124 dated 20.03.2019.

Sir, Whereas, LOA for the work of "4 laning of NH-37 from end of Nagaon Bypass to Page No.# 15/27 Rangagara (Ch 278.6000 to Ch 297.000) in Nagaon District in the state of Assam under SARDP-NE, Phase-A, on EPC basis" (hereinafter referred as "project") was issued to M/s T.K. Engineering Consortium Pvt. Ltd. (hereinafter referred as "Contractor") on 23.12.2015 by the National Highway Infrastructure Development Corporation Limited (NHIDCL) (hereinafter referred to as "Authority");

22. EPC Contractor Letter No. TKECPL/NH-37/NTR/NHIDCL/2019/439 dated 02.05.2019 (Representation on Notice regarding intention to Terminate).
23. ED (P) Letter No. RO-NE/W/A/N-R/Corres/100/3592 dated 16.05.2019 (Comments on reply submitted by the Contractor on Notice for Intention to Terminate the Contract).
Dear Sir, Whereas, LOA for the project "Four laning of NH-37 from end of Nagaon By- pass to Rangagara (Ch 278.600 to Ch 297.000) in Nagaon District in the State of Assam under SARDP-NE Phase 'A' on EPC basis" was issued to M/s T.K. Engineering Consortium Pvt. Ltd., the Contractor on 23.12.2015 by the National highway Infrastructure & Development Corporation Limited, the 'Authority'; and