THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION Nos. 23748, 23749, 23750, 23751, 23752, 23753, 23754, 23755, 23756, 23757 AND 27582 OF 2022
COMMON ORDER:
Lis involved in these writ petitions is one and the same, these writ petitions were heard together and decided by way of this common order.
2. Heard Sri J.Venudhar Reddy, learned counsel for the petitioners and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondents Railways and Sri Srinivas Chitturu, learned standing counsel appearing for respondent Bank.
Perused the record.
3. These writ petitions are filed to declare the action of 4th respondent in terminating the awarded contract work under Letters of Acceptance (LOAs)/Contract Agreement of Works, without considering the representations of the petitioners, without following due process of law and in violation of Indian Railways Standard General Conditions of Contract (for short, ‘GCC’). The particulars of the contracts, tender value, LOAs/Contract Agreement, notices including termination notices and Bank Guarantees are mentioned case-wise in detail in the following tabular form:-
WP NO. 23748/2022 :
| Tender Contract | Construction of Road Under Bridges (RUB) No. 255A & 255-B (Subway) in lieu of LC NO. 84 Km. 176/6-7 between KOU – ANE stations as 1 x 5.00 x 2.50 M RCC Box by Box pushing method |
| Tender value | Rs. 8,01,66,977.25 |
| LOA details | LOA No. GTL – South - 1016/01000480044116, dated 29.10.2021 with 12 months tenure |
| 7 days notice | 11-04-2022 |
| 48 hours notice | 26-04-2022 |
| Termination Notice | 04-05-2022 |
| Details of forfeited and encashed Bank Guarantee | (BG) No.2420IGP003223221 dated 24-12-2021 for Rs. 24,05,010/-. |
| Thrust Bed submission | 06.01.2022 |
| Tender Contract | Constructions of Road Under Bridges (RUB) (Subway) in lieu of LC NO. 89 at Km 183/29-31 between ANE – Yard stations as 1 X 6.00 X 5.00 m RCC Box by box pushing |
| Tender value | Rs. 5,12,45,041.84 |
| LOA details | LOA No. Engg – GTL - South – 1038/01000480042531 dated 29-09-2021 with 12 months tenure |
| 7 days notice | 13-04-2022 |
| 48 hours notice | 26-04-2022 |
| Termination Notice | 04-05-2022 |
| Details of forfeited and encashed Bank Guarantee | BG No. 2420IGP00288981 dated 25-11- 2021 for Rs. 15,37,351.26/- |
| Thrust Bed submission | 07.03.2022 |
| Tender Contract | Construction of Road Under Bridges (RUB) (Subway) in lieu of LC NO. 86 Km. 179/13-15 between KOU – ANE stations as 1 x 6.00 x 5.00 m RCC Box by Box pushing method |
| Tender value | Rs. 5,12,45,041.84 |
| LOA details | LOA No. GTL – South - 1037/01000480042530 dated 29-09-2021 to 28.10.2022 (12 months) |
| 7 days notice | 11-04-2022 |
| 48 hours notice | 26-04-2022 |
| Termination Notice | 04-05-2022 |
| Details of forfeited and encashed Bank Guarantee | BG No. 2420IGP002898421 dated 26-11-2021 for Rs. 15,37,352/- |
| Thrust Bed submission | 10.01.2022 |
| Tender Contract | Construction of Road Under Bridges (RUB) (Subway) in lieu of LC NO. 93 Km. 189/9-11 between OVBP Yard stations as 1 x 6.00 x 5.00 m and 1x 5.00x2.50m RCC Box by Box pushing method |
| Tender value | Rs. 6,94,21,443.95 |
| LOA details | LOA No. GTL – South - 1039/01000480042532 dated 29-09-2021 with 12 months notice. |
| 7 days notice | 13-04-2022 |
| 48 hours notice | 26-04-2022 |
| Termination Notice | 04-05-2022 |
| Details of forfeited and encashed Bank Guarantee | BG No. 2420IGP002890421 dated 25-11-2021 for Rs. 20,82,644/- |
| Thrust Bed submission | 10.01.2022 |
| Tender Contract | Construction of Road Under Bridges (RUB) (Subway) in lieu of LC NO. 99 Km. 200/19-21 between PMT station Yard stations as 1 x 6.00 x 5.00 m RCC Box by Box pushing method |
| Tender value | Rs. 5,09,73,552.03 |
| LOA details | LOA No. GTL – South - 1051/01000480042996 dated 07-10-2021 with 12 months |
| 7 days notice | 13-04-2022 |
| 48 hours notice | 26-04-2022 |
| Termination Notice | 04-05-2022 |
| Details of forfeited and encashed Bank Guarantee | BG No. 2420IGP002930921 dated 01-12-2021 for Rs. 15,29,207/- |
| Design mix |
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