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2019 Supreme(Del) 2498

NAVIN CHAWLA
Sanjay Agrawal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.Kiran Suri, Sr. Adv. with Mr.Suryadeep Singh, Ms.Radha R.Tarkar, Mr.Sidhant Dwivedi, Ms.Aishwarya Kumar, Advs.
For the Respondent: Mr.Gaurav Varma, Mr.Annu Singh, Mr.Devashish Bharuka, Mr.Justine George, Advs

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition has been filed by the petitioner inter alia praying for the following reliefs:

    “(a) Issue a writ in the nature of Mandamus, or any other appropriate WRIT, order or direction, thereby, directing the Respondent No.1 to comply with the decision taken in the meeting dated 13.06.2019 and allow the Petitioner to complete the work of construction of bypass around Gumla town connecting NH-78 and NH-23 (R - G) (km 0.00 to km 12.842) in the State of Jharkhand in accordance with the terms of agreement dated 15.12.2015 and, consequentially set aside the termination dated 24.04.2019.

(b) Issue a writ in the nature of Mandamus, or any other appropriate WRIT, order or direction, thereby, directing the Respondent No. 1 to refund an amount of Rs.5,17,05,000/- and allow the Petitioner to submit a fresh bank guarantee of the same amount as Performance Security towards completion of the Project Works.”

2. It is the case of the petitioner that the petitioner had been awarded the work of the construction of bypass of Gumla town connecting NH-78 and NH-23 (R-G) (km 0.00 to km 12.842) in the State of Jharkhand and Agreement dated 15.12.2015 was executed for the sai

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