SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(J&K) 143

M. A. CHOWDHARY
Prime Contractors in consortium with DSSG Infra Private Limited – Appellant
Versus
National Highways Authority of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sunil Sethi, Senior Advocate with Mr. Ankesh Chandel, Advocate.
For the Respondent:Mr. Vipan Gandotra, Advocate.

JUDGMENT :

1. The petitioner-Prime Contractors in consortium with DSSG Infra Private Limited (‘Petitioner-Agency’ for short), through the medium of this writ petition under Article 226 of the Constitution of India has prayed for the following reliefs/writs:

    “a. Issue a writ, order or direction in the nature of certiorari, thereby quashing impugned letters dated 04.08.2023 bearing No.NHAI/13013/547/CO/23-24/EQ/Mada & Nashri FP/57405/1065 issued by Respondent No.2 and letter dated 04.08.2023 bearing No.230291/1/2022/PIU-Udp/Toll/1257 issued by respondent No.4 and the communication dated 22.08.2023 as issued to the Respondent No.5 by Respondent No.3 for encashment of the bank guarantee dated 23.02.2023 bearing no.034GT0223540002 of Rs.2,35,05,000/- submitted by the Petitioner in pursuance to the Contract Agreement dated 27.02.2023 till force majeure claims of the Petitioner is decided by Respondent No.3;

b. Issue a writ order, or direction in the nature of mandamus, directing the Respondents to expeditiously adjudicate the Force Majeure claims of the petitioner under the correct provisions of the Contract Agreement into Clause 25(b)(ii) of the Contract Agreement dated 27.02.2023 within a

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top