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2021 Supreme(J&K) 62

PANKAJMITHAL, RAJNESHOSWAL
Vijeta Projects and Infrastructure Ltd – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. Pinaki Misra, Sh. P. B. Suresh, Sh. Rupinder Singh, Sh. Vipin Nair, Sh. Karthik Jayashankar, Sh. Arindam Ghosh, Advocate and Sh. Anshumaan Bahadur, Advocate
For the Respondent: Sh. Vishal Sharma, ASGI with Brig. S. P. Yadava

JUDGMENT :

RAJNESH OSWAL, J

1. This intra court appeal has been preferred against the judgment dated 14.01.2020 (hereinafter to the referred as the judgment impugned) passed by the learned Single Judge by virtue of which, two writ petitions bearing Nos. OWP No. 168 of 2019 and OWP No. 485 of 2019 were dismissed.

2. The judgment impugned has been challenged on the following grounds:

    (i) that the learned Single Judge did not consider the fact that the impugned communication dated 18.03.2019 terminating the contract awarded to the appellant was in breach of the principles of natural justice and it was incumbent upon the respondents to furnish a reply to all pending points of the contract raised by the appellant by virtue of representation dated 05.03.2019.

(ii) that the learned Single Judge should have considered the fact that the respondents could not have issued the impugned order of cancellation, particularly when they had agreed with the appellant that the deadline for completion of the work would be 31.12.2019. The work had been substantially completed by the appellant and the wor

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