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2023 Supreme(Gau) 570

SANJAY KUMAR MEDHI
Girin Deka S/o Late Baidar Deka – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. S P ROY
For the Respondents: Shri PJ Saikia, Shri CKS Baruah, CGC

JUDGMENT :

The instant writ petition has been filed with a claim for release of a contractual amount in respect of a work done by the petitioners. Since the scope of a writ court in matters of the present nature is limited, this Court would proceed within the parameters laid down by various judicial pronouncements to adjudicate this matter.

2. There are two petitioners in this petition. While the petitioner no. 1 is the Proprietor of a proprietorship firm, the petitioner no. 2 is the Firm. The petitioners claim to be manufacturers of quarry materials and other similar materials and also undertake civil engineering projects. The Ministry of Road Transport and Highways (respondent no. 1) had entered into a contract with M/s Corsan Corviam Constructions S.A. (respondent no. 5). The aforesaid respondent no. 5 (hereinafter referred to as the CCCSA) is a company from Spain which had entered into the aforesaid contract on 19.11.2014. The work was relating to the construction of four laning of Jorhat to Jhanji Section of NH 37 in the State of Assam from 453.000 to 491.050 km on Engineering Procurement Contract (EPC). Clause 3.7 (d), (g) and Clauses No. 3.2, 3.2.1, 3.2.2, 3.2.3 and 3.4 of the

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