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2011 Supreme(Jhk) 161

R.K.MERATHIA
Major Varughese MT – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.S.P. Sinha.
For the Respondents: Mr. V. Shivnath.

Order

Mr. R.S.P. Sinha, learned Senior Counsel appearing for the petitioner submitted that the agreement of the petitioner has been cancelled by order dated 4.2.2011. without giving any notice and in arbitrary manner and that the respondents NHAI (National Highways Authority of India) has entered into an agreement with some other agency for the same work. He further submitted that in similar circumstances, Patna High Court has entertained the writ petition and passed the interim order.

2. On the other hand, Mr. V. Shivnath, learned Senior Counsel appearing for the respondents NHAI, referring to clause 2 of the agreement, submitted that the agreement was for a very short duration for supplying man power for Rasoiya Dhamna Toll Plaza and, therefore, notice for termination in terms of clause 30(2) of the agreement was issued whereby the petitioner was directed to withdraw the supplied man power as per the date and time to be intimated separately. He further submitted that the NHAI has been served with a notice from City Civil Court, Howrah in a Title Suit No. 45 of 2011. filed by one Sang ram Security claiming to be the sub-agent of the petitioner in which interim order has been passed


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