Puri Construction Pvt. Ltd. vs Union Of India (Uoi) on 20 January, 1989
Heard Mr. Y. V. Giri, learned senior counsel for the
petitioner and learned counsel for the respondent-Railways
Petitioner seeks quashing of the letter dated
05.10.2017 whereby the respondent along with the order passed
Patna High Court CWJC No.2396 of 2018 (3) dt.09-08-2018
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under clause 17 A (iii) of the Indian Railways Standard General
Conditions of Contract has extended the period for completion
of work up to 31.10.2017 under clause 17 A (iii) and has further
extended the period from 01.11.2017 to 31.12.2017 under
clause 17 B of the said General Conditions of Contract which
postulates the recovery by way of damages. Petitioner submits
that the extension which was granted till 31.10.2017 has further
been extended by the respondent-Railways from time to time
latest being extension granted till 05.08.2018 vide Annexure-18
dated 06.07.2018. He submits that respondents cannot be grant
extension at one hand under 17 A (iii) which is delay due to
railways and also saddle the damages under clause 17(B) of the
G.C.C. in view of the decision in the case of Navshardul
Construction Pvt. Ltd. Vs. The Union of India & Ors. since
reported in 2007 (4) B.B.C.J. 571.