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2021 Supreme(Pat) 1137

VIKASH JAIN
M. K. Gupta & Company – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner: Ms. Anukriti Jaipuriyar.
For the Respondent: Mr. Anshuman Singh.

Vikash Jain, J.—Heard learned counsel for the petitioner and counsel for the respondents. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present writ petition has been filed for the following reliefs as formulated by the petitioner—

“1(i) For issuance of writ in the nature of Certiorari to quash and set aside the Memorandum No. W/362/17-18/ROB/Fulbari- Gazoldova/L/ W-2 dated 03.06.2020 whereby and whereunder the penalty of liquidated damages to the tune of Rs. 53,50,108.85/- (Rupees Fifty Three Lakhs Fifty Thousand One Hundred Eight and Eighty-Five Paise) have been imposed upon the Petitioner for the grant of extension of time of work contract during the COVID-19 pandemic period from 31.03.2020 to 31.07.2020.

(ii) To hold and declare that the imposition of penalty of Rs. 53,50,108.85/- for grant of extension of time of work contract during the COVID-19 global pandemic from 31.03.2020 to 31.07.2020, despite the Force Majeure Clause 17 of Indian Railways Standard General Conditi

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