CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 17-03-2023

Heard learned counsel for the appellants and learned counsel for the respondent.

2. The present L.P.A. is directed against the order dated 18.05.2012 passed in CWJC No. 783 of 2011 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the petitioner/respondent herein has been allowed with certain observations and directions.

3. The writ petitioner/respondent herein filed the writ petition claiming following reliefs :

“(i) For quashing of the part of the decision of the Standing Empowered Committee dated25.11.2010 so far as the Standing Empowered Committee concluded (a) termination of the contract by the respondents due to fundamental breach by the petitioner as per the provisions of the contract for package no.BR-3613, (b) contractor‟s claim on account of material at site, loss of profit, hire charges for machine and equipments, advance to supplier, site expenses, litigation expenses, prospective loss of profit and interest are not admissible.

(ii) For appropriate declarations that (a) the rescinding of the agreement on the basis of admitted fact is on account of employe