N.N.TIWARI
HINDUSTAN STEEL WORKS CONSTRUCTION LTD. – Appellant
Versus
STATE OF JHARKHAND – Respondent
( 1 ) IN this writ petition, the petitioner has prayed for quashing the letter no. 478 dated 12-8-2006, issued under the signature of the Executive Engineer, rural development Special Division, Simdega, whereby the agreement entered into between the petitioner and the concerned department by virtue of Agreement No. 1f 2 of 2003-04 has been sought to be rescinded. The petitioner has further sought direction on the. respondents not to encash the Bank Guarantee being B. C. No. 36/20, dated 4-6-2003 issued by the State. Bank of India, Middleton street Branch, Kolkata to the extent of Rs. 75. 60 lakhs. It has been, inter alia, stated that on the basis of a clause for termination of the contract on the breach of the terms a letter was issued by the Executive Engineer on 10-4-2006 asking the petitioner to show cause as to why the agreement shall not be terminated and action, as per the provisions of the agreement, be not taken against it. The petitioner submitted its reply on 19-4-2006 stating, inter alia, that the terms of the agreement were breached by the respondents and not by the petitioner. Subsequently, by the said impugned order issued vide letter No. 478, dated 12-8-20
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