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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Feedback Infra Pvt Ltd – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
N. Unni Krishnan Nair. J.
Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. Rajive R.Raj, learned counsel and Mr. N. Gautam, learned counsel appearing on behalf of the appellant. Also heard Mr. K. Deka, learned counsel appearing on behalf of Ms. R. Devi, learned CGC representing the respondent no. 1 and Mr. P. J. Saikia, learned Senior Counsel along with Ms. R. Bora, learned Standing Counsel, NHIDCL representing the respondent nos. 2 & 3.
2. The appellant, by way of instituting the present intra-court appeal has presented a challenge to an order dated 23.07.2024, passed by the learned Single Judge in WP(C) No. 3368/2024, dismissing the same and thereby rejecting the prayer of the appellant for an interference with a Termination Order dated 24.04.2024, issued by the respondent no. 3 herein, terminating the contract entered into with the appellant and its Joint Venture partner for providing “ Consultancy Services for authorities Engineer for Supervision of Widening/Improvement of 4(four) Lane with Paved Shoulder from Km 95+400 to Km 113+330 of near Ganpat Gaur Gaon to Kwaram Taro Village Section (Package 5) of NH-29 in the State of Assam under Bhara
The court upheld the termination of a consultancy contract due to the appellant's failure to perform obligations, affirming the right to invoke arbitration for grievances.
Judicial review in government contracts is limited, ensuring non-arbitrariness, and contract termination on grounds of corruption can occur without pre-notice when grounded in statutory provisions.
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
An order terminating arbitral proceedings under Section 32(2)(c) of the A&C Act is not an award and can be challenged under Section 14(2) of the A&C Act. Delay in appointing an arbitrator may warrant....
Termination of contract by BIDA justified despite insolvency proceedings due to prior breaches by Corporate Debtor, hence moratorium protections under IBC inapplicable.
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