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2018 Supreme(Jhk) 404

RAJESH SHANKAR
KMC-ECI (JV), a Joint Venture entity, having its registered office at Corporate House – Appellant
Versus
State of Jharkhand through the Principal Secretary, State Highway Authority of Jharkhand, Project Bhawan, Ranchi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anil Kumar Sinha, Sr. Advocate & Bharat Kumar, Advocate
For the Respondent:Mr. Anil Kumar, Sr. Advocate & Ms. Chandana Kumari, Advocate, Mr. P.A.S. Pati, Advocate

ORDER :

1. The petitioner has primarily challenged the termination order bearing no.1668 dated 07.12.2017 whereby the respondent-State Highways Authority of Jharkhand (in short ‘SHAJ’) have taken decision to terminate its contract and has also prayed for quashing the direction contained in letter no.1670 dated 07.12.2017 issued under the signature of the Member (Technical), SHAJ whereby the Senior Manager, Central Bank of India, Corporate Finance Branch, Bank Street, Koti, Hyderabad has been directed to encash the bank guarantee deposited by the petitioner towards the performance security.

2. The factual background of the case, as stated in the writ petition, is that the respondent-SHAJ invited tender for “Widening and Strengthening/ construction of Hazaribagh-Barakagaon-Tandwa-Khelari-Bijupara (SH-7) Road (including bridges & bypass)” (hereinafter referred as EPC works). KMC and ECI (petitioner herein), a joint venture entity, participated in the tender for the said EPC works. After considering its financial background and prior experience, the petitioner was shortlisted for the EPC work, and a letter of acceptance dated 08.05.2015 was issued in its favour and, thereafter, an agreem

















































































































































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