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2015 Supreme(AP) 580

VILAS V.AFZULPURKAR
DBM Geotechnics & Constructions Pvt. Ltd. – Appellant
Versus
Union of India, Rep. by its Secretary, Ministry of Shipping, Transport Bhawan – Respondent


Advocates Appeared:
For the Appellant:K. Vivek Reddy, Advocate.
For the Respondent:B. Narayana Reddy, Assistant Solicitor General V. Uma Devi, Advocate.

Judgment :

1. This writ petition is filed questioning the impugned letter of the second respondent port trust dated 18.04.2015 whereunder the petitioner’s contract for ‘Development of West Quay-North (WQ-7 & WQ-8) berth in the inner Harbour of Visakhapatnam Port Trust’ was terminated under relevant clause of the terms of the contract between the petitioner and the second respondent. The impugned letter, inter alia, alleges that petitioner failed to furnish balance 5% of performance bank guarantee amounting to Rs.9,76,50,000/- as per clause 106 and as per memorandum (general descript) the petitioner failed to furnish balance 5% towards performance security. Another ground, which is mentioned, is that the petitioner failed to complete the contract within the time stipulated and in spite of notices and opportunity provided, the second respondent is forced to terminate the contract at the risk and responsibility of the petitioner.

2. This writ petition was filed on 30.06.2015 and came up for admission on 01.07.2015. While supporting the writ petition, learned counsel for the petitioner men































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