JUDGMENT :

RAHUL BHARTI, J

01. The institution of this writ petition by the petitioner acting through its partner-Gurmit Singh is with an en objective to claim the writ reliefs as prayed for, which are reproduced as under :-

“I. Mandamus commanding the respondents to release the Earnest money in the shape of CDR No. 913040003156730(1547), dated 16^th of January, 2013 for an amount of Rs. 3,80,000/- issued by the Axis Bank, Jalandhar dated 16th of January, 2013;

II. Mandamus commanding the respondents to release the two (2) Bank Guarantees bearing No. 01550100000243 dated 26^th of February, 2013 for an amount of Rs. 8,89,447.50 and the Bank Guarantee bearing No. 01550100000246 dated 3^rd of June, 2013 for the same amount issued by the Axis Bank, Jalandhar and submitted by the petitioner as security deposit for the execution of the contract ;

III. Mandamus commanding the respondents to release the balance payment of Rs. 15,12,126/- as also the security deducted from the running account bills of the petitioner ;

IV. Mandamus commanding the respondents to release the due payments of the petitioner along with interest @ 12% from the date the payments became due to the petitioner and ;

V. Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost.”

02. Upon the filing of the writ petition, this Court came to put the respondents on notice in terms of an order dated 05.11.2020 inviting their reply/objections to the writ petition. Despite repeated opportunities, reply eventually came on record on 28.09.2022 filed on behalf of the respondents No. 1 to 3 by Advocate Ms. Anshuja Tak.

03. The institution of the writ petition by the petitioner is resting on a cause of action that NIT No. 37 of 2012-13 dated 02.01.2013 for the purpose of construction/up- gradation/supply and installation of civil and electro- mechanical works for the commission of existing swimming pool at the M.A. Stadium of Jammu including design proposals for complete job, testing and commissioning at the estimated cost of Rs. 190.00 lacs was responded to by the petitioner in which the petitioner came to qualify the technical as well as financial bid evaluation stage as being the lowest bidder and then being called upon by the respondent No. 2-Executive Engineer, J&K Sports Council, Construction Division, Sports House, M.A. Stadium, Jammu of the respondent No. 1-J&K Sports Council to furnish performance guarantee to 10 % of the tender cost amounting to Rs. 17,78,895/- and also to mobilize resources for execution of the contract for which Letter of Intent dated 20.02.2013 was issued without any corresponding formal allotment order which later came to be issued on 07.03.2013 wherefrom completion period of four months was to be reckoned.

04. The petitioner is said to have deposited an amount of Rs.3,80,000/- as earnest money along with furnishing of bank guarantee amount equivalent to the 5% of the contract value.

05. Despite all handicaps which are said to have been created from the end of the respondents related to execution of the contract work, the petitioner is said to have carried out the execution as per the drawings submitted by it notwithstanding absence of approval to the said drawings coming from the respondents’ end.

06. The petitioner, as per the averments made in the writ petition, is said to have completed first stage of the contract work which was approximately 35% of the total civil work on the basis whereof the petitioner generated a running account bill for Rs. 52,09,697.50, in response whereto nothing was heard or responded to from the end of the respondents despite reminders one after another submitted by the petitioner.

07. Instead, it is submitted that the petitioner was subjected to a threatening posture from the end of the respondents, who initially issued communications and ultimately proceeded to issue a f