JUDGMENT :

VINEET SARAN, CJ.

The petitioner, which is a construction company, had entered into a contract with Orissa Water Supply and Sewerage Board (OWSSB)-opp. parties nos.2 and 3, for performance of contract works in respect of Design, Construction, Testing and Commissioning Gravity Sewers in Sewage Districts I & II of Bhubaneswar City, in connection with the work “Comprehensive Sewerage System of Bhubaneswar City under 12th Finance Commission Award”. Admittedly, the contract was initially for a period of two years, which was to commence on 01.02.2008 and to end on 31.01.2010. However, the same was extended from time to time and, lastly, on 21.04.2014, it was extended for a period of five months i.e. up to 21.09.2014. This extension, as well as the previous extensions, were given after considering the fact that certain facilities were required to be provided by the opp. parties, which were not provided by them to the petitioner. The last extension order dated 21.04.2014 would itself make it clear that even though there was delay, no penalty was imposed at the time of grant of extension, meaning thereby that the delay was not on account of the petitioner.

2. Prior to expiry of the