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2021 Supreme(Jhk) 180

RAJESH SHANKAR
Tahal Consulting Engineers India Private Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pandey Neeraj Rai, Mr. Akchansh kishore, Mr. Rohit Ranjan Sinha.
For the State : Mr. Mohan Dubey, A.C. to A.G.

JUDGMENT :

Both these writ petitions have been filed for quashing various letters whereby the petitioner has been informed that a recommendation is being made to higher officials of the Drinking Water and Sanitation Department, Government of Jharkhand to forfeit the mobilization advance or to invoke/encash the Bank Guarantees furnished in lieu of the mobilization advance. Further prayer has been made for issuance of direction upon the respondents to take a decision on the petitioner’s request for extension of time made in terms with Clause 28.2 & 28.3 of the Conditions of Contract. The petitioner has also prayed for staying the invocation and/or encashment of the Bank Guarantees furnished in connection with the aforesaid contracts.

2. Mr. Pandey Neeraj Rai, learned counsel appearing on behalf of the petitioner, submits that the petitioner was awarded two contracts, one for South Zone [subject matter of W.P.(C) No. 1427 of 2021] and another for North Zone [subject matter of W.P.(C) No. 1428 of 2021], to carry out survey, designing, drawing and construction of RCC Intake Well-cum-Pump House, gang-way, water treatment plant, water reservoir, water distribution network, supply & installa

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