M/S GSR VENTURES PVT. LTD. v. THE UNION OF INDIA AND 2 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SUMAN SHYAM
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-16. M/S GSR VENTURES PVT. LTD. v. THE UNION OF INDIA AND 2 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC010173802020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5224/2020 M/S GSR VENTURES PVT. LTD. A COMPANY HAVING REGD. OFFICE AT 103 SRINIVASA TOWERS 6-3-1187, BEGUMPET, HYDERABAD- 500016, ANDHRA PRADESH, INDIA, REP. BY IT AUTHORIZED SIGNATORY KOVELAKUNTLA MOHAMMED RAFI, S/O- K. C. IMAM SAHEB, AGED ABOUT 41 YEARS, R/O- 519, A-BLOCK, MAY FLOWER HEIGHTS, MALLAPUR, HYDERABAD- 500076, DIST. - K. V. RANGAREDDY, TELANGANA VERSUS THE UNION OF INDIA AND 2 ORS. REP. BY THE GENERAL MANAGER, CONSTRUCTION, N. F. RAILWAY, MALIGAON, GHY-11, DIST. - KAMRUP (M), ASSAM 2:THE CHIEF ENGINEER CONST-2 N. F. RAILWAY MALIGAON GHY-11 DIST. - KAMRUP (M) ASSAM 3:THE DY. CHIEF ENGINEER C-1 BHRB N F RAILWAY BAIRABI SAIRANG CONSTRUCTION OFFICE AIZAWL MIZORAM PIN- 79601 Advocate for the Petitioner : MR. B PATHAK Page No. # 2/4 Advocate for the Respondent : SC, RAILWAY Linked Case : WP(C)/5249/2020 M/S GSR VENTURES PVT. LTD.
A COMPANY HAVING REGISTERED OFFICE AT 103 SRINIVAS TOWERS 6-3- 1187 BEGUMPET HYDERABAD 500016 ANDHRA PRADESH INDIA REPRESENTED BY ITS AUTHORISED SIGNATORY KOVELAKUNTIA MOHAMMAD RAFI SON OF KC IMAM SAHEB AGED ABOUT 41 YEARS RESIDENT OF 519 A BLOCK. MAY FLOWER HEIGHTS MALLAPUR HYDERABAD 500076 DIST K V RANGAREDDY TELANGANA VERSUS THE UNION OF INDIA AND 2 ORS. REPRESENTED BY THE GENERAL MANAGER CONSTRUCTION NF RAILWAY MALIGAON GUWAHATI 781011 DIST KAMRUP M ASSAM 2:THE CHIEF ENGINEER CONSTRUCTION 2 NR RAILWAY MALIGAON GUWAHATI 781011 KAMRUP M ASSAM 3:THE DEPUTY CHIEF ENGINEER. C1 BHRB Page No. # 3/4 NF RAILWAY BAIRABI SAIRANG CONSTRUCTION OFFICE TARAPUR SILCHAR 788003 DIST CACHAR ASSAM ------------ Advocate for : MR. B PATHAK Advocate for : SC RAILWAY appearing for THE UNION OF INDIA AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 16-12-2020 Heard Mr. B. Pathak, learned counsel for the writ petitioner in both these writ petitions. Also heard Mr.
Brijesh Sarma, learned standing counsel, N. F. Railway appearing for the official respondents. The writ petitioner herein was awarded two separate contracts for execution of certain works under the N. F. Railway authority. According to the petitioner, while executing the work, it had faced certain un-surmountable difficulties, as a result of which, the petitioner had informed the N. F. Railway authority that it would not be possible to proceed with the execution of the work. However, despite receipt of such information, neither the contract has been terminated till date nor has the respondent carried out final measurement so as to settle the dues of the petitioner. Under such circumstances, the petitioner has approached this Court by filing these writ petitions seeking a direction upon the respondents. Page No. # 4/4 Based on the order dated 09-12-2020 passed by this Court, Mr. Sarma has obtained instruction and placed the same before this Court.
I have perused the written instruction dated 15-12-2020, which goes to show that, steps for closure of the contract has already been initiated by the railway authority by following proper procedure. According to Mr. Sarma the question of settlement of final bill would arise only after the contract is closed. Mr. Pathak submits that his client would be satisfied if the action, as proposed by the railway authority, is initiated without any further delay, to which the learned standing counsel has also agreed. In view of the above and as agreed to by the learned counsel for the parties, without expressing any comment on the merit of the claims and counter claims of the parties, I dispose of this writ petition by providing that the process as indicated in the written instruction dated 15-12-2020, be carried out expeditiously so as to close the contracts. Copy of the instruction dated 15-12-2020 be retained in the record. Writ petitions stand disposed of accordingly.
JUDGE GS Comparing Assistant
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