By the Court.—Heard Sri Anurag Khanna, learned Senior Advocate assisted by Sri Rohan Gupta, Advocate for petitioner and perused the record.

2. This writ petition by M/s ECI-SPIC-SMO-MCML(JV), a Joint Venture Company formed for the purpose of Design, Supply, Erection, Testing and Commissioning of 25 KV, AC, 50 Hz, Single Phase, Electrification Works, having its registered office at Hyderabad, has been filed under Article 226 of Constitution of India being aggrieved by termination of work contract vide letter dated 1.11.2017 issued by Chief Project Director, Railway Electrification, New Jalpaiguri.

3. Facts in brief giving rise to present writ petition are as under.

4. Central Organization for Railway Electrification is set up by Ministry of Railways and functions through its General Manager. It floated a tender for electrification on 25 KV AC Single phase 50 Hz electrification of Katihar (Incl)-Barsoi (Via Director Kumedpur)-Raninagar Jalpaiguri (Incl) (267 RKM/607 TKM) Section (Gr 150) of Katihar Division, of N.F. Railway, under RE Project New Jailpaiguri on turnkey basis. Petitioner in response to aforesaid tender notice published in April, 2009 submitted its offer dated 18.6.2009. Petitioner’s tender offer was finally accepted and letter of acceptance dated 4.8.2010 was issued by General Manager, Central Organization for Railway Electrification, Allahabad awarding contract for a total value of Rs. 1,65,67,98,570/-. Period of completion of contract was 24 months from the date of issue of letter of acceptance and it also says that contract will be operated by Chief Project Manager, Railway Electrification, New Jalpaiguri. An agreement was also executed between parties on 20.9.2010, copy whereof is filed as Annexure-3 to writ petition. Petitioner also submitted a Performance Bank Guarantee of 5% of contract value to Chief Project Manager, Railway Electrification, New Jalpaiguri which was issued by Bank of India by Guarantee Bond against Mobilization issued on 25.2.2011 which was operative till 24.2.2013. It is not in dispute that aforesaid bank guarantee has been extended by Bank vide letter dated 20.11.2017 till 28.2.2018. Work could not be completed by petitioner within the period of 24 months for which petitioner alleges non-cooperation by respondents and its authorities resulting in extension of period of completion of work from time to time. Some of these obstructions have been illustrated by petitioner in para 13 of writ petition. For delay in completion of work, respondents vide letters dated 11.9.2015 and 9.10.2015, imposed liquidated damages of Rs. 8,77,98,352/- recoverable from running bills of petitioner. Extension was allowed from time to time and General Manager vide letter dated 17.10.2017 extended period, which lapsed on 30.6.2017, upto 31.12.2017 in accordance with Note 1 and/or Notes 2 under Para 1,2,45 of contract. Conditions for extension as referred in aforesaid letter dated 17.10.2017 read as under:

“The stipulated date for completion of the work in Group-150 under the above contract was upto 3.8.2012 vide this office LOA letter at ref (i), which was last extended upto 30.6.2017 vide this office letter at ref (ii). In consideration of the Contractor’s Letters at ref (iii) above, the General Manager or his successor on behalf of the President of India, is pleased to grant extension of the time for completion of works in accordance with Note 1 and/or Notes 2 under Para 1.2.45 of the Contract as mentioned below:

From 1.7.2017 to 31.12.2017

It may be noted that unless repugnant to the context all the terms and conditions of the Contract will remain unaltered during the extended period from 1.7.2017 to 31.12.2017 also, and further, no increased/additional rates and claims or recoveries which have not been already envisaged in terms of the conditions of the Contract will be leviable either by you or