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2021 Supreme(Jhk) 14

RAJESH SHANKAR
Shivalaya Construction Co. Pvt. Ltd. – Appellant
Versus
State of Jharkhand through the Secretary, Road Construction Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sumeet Gadodia, Advocate
For the Respondent:Mr. Om Prakash Tiwari, G.P.III, Mr. Sharad Kaushal Shaj, Advocate

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the order contained in letter no.1474 dated 30.12.2019 (Annexure-10 to the writ petition) issued by the Member (Technical) State Highways Authority of Jharkhand-respondent No.3, whereby the request made by the petitioner for exchange of performance bank guarantee (B.G.) of ICICI Bank Ltd., being B.G. No.0007BGR0033217 dated 12.05.2016, for an amount of Rs.1,51,95,400/-, having validity up to 11.05.2021 with performance B.G. dated 22.05.2018 of equivalent amount having validity up to 21.11.2021 being B.G. No.07410002918 issued by the Oriental Bank of Commerce has been rejected. Further prayer has been made for issuance of direction upon the State Highways Authority of Jharkhand-respondent no.2 to permit the petitioner to exchange its performance B.G. with an equivalent amount of B.G. issued from any of the Branches of State Bank of India or Nationalized or Scheduled Commercial Bank, having its branches situated within the State of Jharkhand for an extended validity period up to 28th April, 2022 in terms of Clause 34 of the terms and conditions of the contract.

3. The fa

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