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PATNA HIGH COURT
MR. P. B. BAJANTHRI, MR. ARUN KUMAR JHA, JJ
M/s B. K. Enterprises – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. delay in completion of work and its implications. (Para 2 , 3 , 4) |
| 2. administrative justifications for contract termination. (Para 5 , 6) |
| 3. court's reluctance to interfere with administrative decisions. (Para 10 , 11) |
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)
Date : 05-05-2023
Heard learned counsel for the respondents. However, none appeared on behalf of the petitioner.
2. In the instant petition, the petitioner is challenging the order contained in letter no.1225 dated 04.02.2016 issued by the Chief Engineer, Bihar State Educational Infrastructure Development Corporation Limited, Patna by which Contract Agreement No.43 SBD of 2011-12 dated 14.03.2013 has been rescinded and the earnest money deposit, security deposit and performance guarantee of the petitioner have been forfeited.
3. Brief facts of the case are that an agreement between the petitioner and the respondents was executed on 14.03.2012 in respect of Group No.USS-06 for construction of Middle School, Tar, Upgraded Middle School, Devchanda and Middle School, Khutaha in the District of Bhojpur and as per the said agreement, the construction was to be completed within 12 months from the date of
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