AFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on: 22.02.2024 Order delivered on: 05.03.2024 WPC No. 2850 of 2017

1. Raigarh Pathalgaon Expressway Limited DSM 609-610, 6^th Floor, DLF Towers, Shivaji Marg Najafgarh Road, New Delhi 110015 Through Its Authorized Representative Mr. Ajay Agrawal, S/o Shri R.B.L. Agrawal, Aged 59 Years, R/o A-6, Vivek Vihar, Delhi

110095

2. Jindal Steel And Power Limited (The Selected Bidder), Post Box No.16, Kharsia Road, Raigarh, Chhattisgarh- 496001, Through Its Authorized Representative And Shareholder Mr. Bharat Rohra, S/o Late Sh. H. V. Rohra, Aged 61 Years, Resident Of 10/335, Ground Floor, Sunder Vihar, New Delhi. 110087 ---- Petitioners Versus

1. Chhattisgarh Road Development Corporation Limited 3rd Floor, Sirpur Bhawan Campus, Behind Akashwani Civil Lines Raipur Chhattisgarh. 492001 Through Its Managing Director, Chhattisgarh

2. State Bank of India Commercial Branch, 1st and 2nd Floor, Chanderlok Building, 36, Janpath New Delhi 110001 Through Its Branch Manager

3. State of Chhattisgarh, Through Chief Secretary, Mahanadi Bhavan, Naya Raipur, Raipur Chhattisgarh ---- Respondents (Cause-title taken from Case Information System)

For Petitioners : Mr. Ashish Shrivastava, Senior Advocate assisted by Mr. Manish Kharbanda, Ms. Ekta Gupta, Mr.

Gurpreet Singh Bagga and Mr.

Aman Pandey, Advocates.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge C.A.V. Order Per Ramesh Sinha , Chief Justice

1. Heard Mr. Ashish Shrivastava, learned Senior Advocate assisted by Mr.Manish Kharbanda, Ms. Ekta Gupta, Mr. Gurpreet Singh Bagga and Mr. Aman Pandey, learned counsel for the petitioners. Also heard Mr. Prateek Sharma, learned counsel, appearing for respondent No. 1, Mr. Praveen Kumar Sahu holding brief of Mr. P.R. Patankar, learned counsel, appearing for the respondent No. 3 and Mr. Vinay Pandey, learned Deputy Advocate General, appearing for the respondent No.3/State.

2. The present petition has filed by the petitioners with the following reliefs:

“10.1 It is prayed that this Hon’ble Court may kindly be pleased to issue a writ of certiorari to Respondent No. 1 to submit the entire records of the case before this Hon’ble Court.

10.2 This Hon’ble Court may kindly be pleased to issue a writ in the nature of certiorari and set aside the impugned correspondence dated 20.10.2017 issued by the Respondent No.1.

10.3 This Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus directing Respondent No. 2 not to act pursuant to the invocation letter dated 20.10.2017 issued by Respondent No.1.

10.4 This Hon’ble Court may be pleased to issue an appropriate writ and / or order or direction holding that the concession agreement dated 20.10.2016 is valid and subsisting.

10.5 That in the event the Bank Guarantee has been en-cashed by the Respondents prior to hearing of the instant petition before this Hon’ble Court, direct that the amount of the Bank Guarantee be returned / refunded to the Petitioner No. 1 by the Respondent No.1.

10.6 Issue an appropriate writ, order or direction, directing the Respondent No. 1 to pay damages to the tune of 20% of the performance security under Clause 4.2 of the Concession Agreement to the Petitioner No. 1.

10.7 Issue an appropriate writ, order or direction, directing that the Concession Agreement stands terminated under Clause 38.2 due to default of the Respondent No. 1 and direct the Respondent No. 1 to make payment under Clause 38.3.2; and

10.8 Any other relief / reliefs which this Hon’ble Court may think fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioners.”

3. Brief facts necessary for disposal of this writ petition are that petitioner No.1 ent