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2021 Supreme(Pat) 9

MOHIT KUMAR SHAH
Kashish Developers Limited Registered Office, Champaran – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
P.K. Shahi, Advocate, Ranjeet Kumar, Advocate, Yogesh Kumar, Advocate, Uday Shankar Sharan Singh, Advocate, R.K. Chandram, Advocate

JUDGMENT

Mohit Kumar Shah, J. - The present writ petition has been filed for setting aside the office order contained in letter no. 718 dated 02.07.2020 issued under the signature of Executive Engineer, Construction Division No. 2, Building Construction Department, Bihar, Patna, whereby and whereunder the agreement bearing agreement no. 05 SBD 2015/16 for construction of Vidhayak Awasan (MLC Parisar), entered into between the petitioner and the respondent authorities has been rescinded. The petitioner has further prayed that upon setting aside of the aforesaid order of termination of agreement, the respondent authorities be directed to grant eight months' time to complete the balance work inasmuch as the delay, which has occurred in the execution of the work in question, was beyond the control of the petitioner or on account of the lapses / latches on the part of the respondents and moreover, the last four months expired during the period of lock-down on account of Covid-19, Pandemic.

2. Shorn of the details, it would suffice to state that an agreement bearing agreement no. 05 SBD 2015/16 dt. 10.08.2015 was executed in between the petitioner-company & the Executive Engineer, Construc

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