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2024 Supreme(JK) 389

HIGH COURT OF JAMMU AND KASHMIR
RAJESH SEKHRI, J
M/S CUBE CONSTRUCTION ENGINEERING TH THAKUR ASHWANI SINGH – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY PWD R AND B DEPTT AND OTHERS – Respondent


Advocates:
Mr. Bhavesh Bhushan, Advocate; Mr. Ravinder Gupta, AAG

JUDGMENT :

1. Petitioner, a partnership firm, pursuant to e-NIT No. CEJ/PMGSY/474 of 2017-18 dated 30.10.2017, participated in the tendering process for the work namely “Construction and maintenance of road from Malwan Jagir to Abli Masri, Package No JK04-301, Phase-X, Stage II, Block Doda District Length 6.00 kms” and being the lowest bidder was allotted the aforesaid work vide Order No. CEJ/PMGSY/27614-23 dated 14.02.2018.

2. The case set up by the petitioner is that on completion of the aforesaid work, it raised its final bill (CC-8th) to the respondents for pending amount of Rs. 13.90 lacs duly approved by respondents after necessary tests on site. According to the petitioner, the exceeded work amounting to Rs.13.90 lacs, with respect to which a comparative statement showing excess over the allotted cost along with its estimate was prepared and approved by respondent No. 3-Executive Engineer, WP(C) No. 1962/2024 PMGSY, Division and was submitted to respondent No. 2-Superintending Engineer on 23.10.2021. It is contention of the petitioner is that aforesaid work was completed by it without any complaint or deficiency, owing to which, Executive Engineer, PMGSY Division, Doda issued

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