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2021 Supreme(MP) 162

SHEEL NAGU, ANAND PATHAK
Kalyan Toll Infrastructure Limited – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant : Prashant Sharma and Harish Dixit, Learned Counsel.
For the Respondents:D.D. Bansal, Learned Government Advocate.

JUDGMENT :

Anand Pathak, J.

1. Present review petition has been preferred by the petitioner seeking review of the order dated 16-12-2020 passed in Writ Petition No. 19466/2020 whereby the petition preferred by the petitioner has been dismissed.

2. Precisely stated facts of the case are that petitioner who is work contractor completed one project of respondents on 31-07-2004 and extension of time for completion of project was granted by the respondents under certain clauses of agreement without levy of compensation and therefore, according to petitioner, delay in completion of project was not attributable to the petitioner. Final bill was also paid on 12-01-2007, therefore, according to petitioner, contract was duly completed and there was no dispute between the parties till its completion.

3. It further appears that respondent No. 2 (Chief Engineer, Yamuna Kachhar Zone, WRD Gwalior) suo motu reviewed its earlier decision and passed the order dated 23-02-2007 holding that delay caused in completion of project was attributable to the petitioner and resultantly 1% of contract value be recovered as liquidated damages.

4. Being aggrieved by such action, petitioner preferred petition vide Wri

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