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"To, M/S. Global S S Construction Pvt. Ltd., 12, Nishant Shopping Center, Seven Bungalows, Andherl Mumbai.400053 Tel: 022-26341398/ 022-26341624 FAX: 022-26343381 Sub: Notice for banning your firm for unsatisfactory performance / failure of services, leading to termination of contract no. MHN/MM/ST/Contract/270/2015-16/9030007471 for 'Hiring of services for Operation & maintenance of South Santhal ETP for a period of five years' With reference to above contract followings are the findings:

3. AND WHEREAS, in view of your failure to remedy the deficiencies in your rendered services and failure to comply with the requisition contained in the multiple notices issued by ONGC and your abandonment of the Site, the subject contract was terminated Vide letter no.MHN/MM/ST/CONTRACT/270/2015-16 dated 16.07 2020 on account of unsatisfactory performance on part of your firm and business dealings were suspended With your firm, M/S GLOBAL C/SCA/11391/2020 JUDGMENT DATED: 30/07/2021 S. S. CONSTRUCTION PVT. LTD, vide ONGC letter no.MHN/MM/ST/CONTRACT/270/2015-16 dated 27.08.2020.

"18.4 Termination for unsatisfactory performance If the ONGC considers that the performance of the CONTRACTOR is unsatisfactory or, not upto the expected C/SCA/11391/2020 JUDGMENT DATED: 30/07/2021 standard, the ONGC shall notify the CONTRACTOR in writing and specify in detail the cause of such dissatisfaction. The ONGC shall have the option to terminate this Agreement by giving 30 days' notice in writing to the CONTRACTOR, if, CONTRACTOR fails to comply with the requisitions contained in the said written notice issued by the ONGC."

Thus, the petitioner had failed to point out special equities or situation which had compelled the petitioner to not perform the subject contract since 2016 and also during the lock down period. The petitioner had also failed to provide any reason for his nonperformance of the contract for a period prior to lockdown since awarding of the contract. Thus, the action initiated by ONGC against the petitioner is per the contractual provision and based on the unsatisfactory performance since awarding of the contract till the date of termination.