ORDER

Pathak J;

1. The present petition is preferred under Article 226 of Constitution of India, being crestfallen by action/inaction of the respondents whereby security deposit of petitioner company has not been refunded despite issuing completion certificate as well as utility certificate by the competent authority.

2. It is the submission of learned counsel for the petitioner that petitioner was given a contract for construction of T-05 (Dhoti) to Asida Road, Ashida to Kamarsali Road, L-04 to Dubri and Dubri to Gurunavda. Work was completed and so as the 5 years maintenance period. Since completion certificate was issued on 22.3.2013 and defect liability period of 5 years was also completed successfully which is evident from the report of inspection team issued in this regard by way of utility certificate (Annexure P/3), therefore, petitioner has right to get his performance guarantee to the tune of Rs.19,37,900/- which is required to be refunded under the contract. Since same has not been refunded, therefore, petitioner is before this Court.

3. Learned counsel for the petitioner also placed the order dated 30.8.2019 passed by the apex Court in Civil Appeal No(s).6726-6729 of 201