The revocation of lien by the respondent No. 1 and the instruction to demobilize the machineries, equipments, and materials influenced the court's decision to allow their release from the premises of the respondent No. 2.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for issuance of direction upon the respondents to release all the machineries, equipments and materials of the petitioner lying in the premises of the respondent No. 2 which were brought by the petitioner for executing the contract for civil work of water treatment plant as awarded vide Letter of Award dated 20.06.2019 by the respondent No. 1 which has now been terminated by it.

2. Vide order dated 10.03.2022, it was observed by this Court that considering the nature of the dispute involved in the present writ petition, if the petitioner approaches the respondent-BHEL for release of all the machineries, equipments and materials, pendency of the present writ petition will not come in the way of the respondent-BHEL in reconsidering its earlier decision and taking a fresh decision in this regard.

3. Mr. V.P. Singh, learned Sr. counsel for the petitioner, while producing a copy of letter bearing Reference No. 15564 dated 04.04.2022 issued by the respondent No. 1, submits that the right of lien imposed on the machineries, equipments and materials of the petitioner by the respondent-BHEL has now been revoked and the petitioner has been instructed to demobilise its T&Ps (Tools and Plants) from the site at the earliest. Learned Sr. counsel, however, submits that since all the machineries, equipments and materials are lying in the premises of the respondent No. 2, there should not be any interference by the officials of the said respondent in demobilising the same.

4. Ms. Shiwani Jaluka, learned counsel appearing on behalf of the respondent No. 2, while referring to the counter affidavit dated 21.02.2022 filed on behalf of the said respondent, submits that there is no contractual obligation of the said respondent towards the petitioner as the dispute was between the petitioner and the respondent No. 1. Moreover, since the petitioner was working at the behest of the respondent No. 1, there is no question of getting any permission from the respondent No. 2 for taking out the machineries, equipments and materials from the site.

5. Having heard learned counsel for the parties and keeping in view that vide letter bearing Reference No. 15564 dated 04.04.2022, the respondent No. 1 has already revoked the lien imposed by it on the tools and plants of the petitioner lying in the premises of the respondent No. 2 and has also instructed the petitioner to demobilise the same from the site at the earliest, I see no reason as to why any obstruction/interference in demobilising the machineries, equipments and materials from the premises of the respondent No. 2 will be made by officials of the said respondent.

6. The present writ petition is accordingly disposed of with the aforesaid observation.

7. Let copy of letter No. 15564 dated 04.04.2022 be taken on record.

8. Consequently, I.A. No. 629/2022 also stands disposed of.