THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

Heard Smt.Gayathri, learned counsel for the petitioner and Smt.N.V.R. Rajya Lakshmi, learned Standing Counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondents. With their consent, the writ petition is being taken up for disposal at the admission stage itself. Perused the record.

2. This writ petition is filed aggrieved by the impugned termination order bearing No.ENGG/T-202324-2-064/ 00841040089151 dated 02.06.2025 issued by the respondent No.3 under Clause 62 of the General Condition of Contract with a consequential prayer to direct the respondents to permit the petitioner to complete the balance work under Contract Agreement dated 28.12.2023.

3. A perusal of the record would reveal that before filing of the present Writ Petition the petitioner has filed an Arbitration O.P.No.04 of 2025 before the I Additional Chief Judge, City Civil Courts, Secunderabad, under Section 9 of Arbitration and Conciliation Act, 1996 read with Section 151 of C.P.C., seeking for stay of operation of termination notice dated 02.06.2025 terminating the contract dated 28.12.2023. Accordingly, in the present Writ Petition I.A.No.01 of 2025 has been filed by the petitioner restraining the respondents from giving effect to the impugned termination order dated 02.06.2025 and from initiating any consequential or coercive actions, including but not limited to floating of fresh tenders, or invoking or encashing the petitioner’s performance bank guarantee bearing No.02802IGL0004823 dated 16.10.2023 and security deposit, pending disposal of the present Writ Petition.

4. Learned Standing Counsel appearing for respondents has placed written instructions issued by respondent Nos.2 to 4 stating that the petitioner was awarded contract on 16.10.2023 with a due date of completion on 16.07.2024 i.e., nine (9) months. It is further submitted that the petitioner has completed only to an extent of 38.88% work and to that 5 CC Bills to a tune of Rs.3,31,74,517/- has been passed. Learned Standing Counsel further submitted that the prayer sought in the Arbitration O.P.No.04 of 2025 and the prayer sought in the present Writ Petition are one and the same and since the petitioner had already filed Arbitration O.P.No.04 of 2025 the present Writ Petition is not maintainable and no parallel proceedings can be maintained.

5. Learned counsel appearing for the petitioner filed the case status of pending OP along with the material papers in the present Writ Petition and as per the said case status O.P.No.04 of 2025 is posted to 25.07.2025. Learned counsel appearing for the petitioner submitted that at the time of filing of the said OP, no interim application has been filed and as they are taking steps to file an interlocutory application in the said O.P. and that the respondents are going ahead to en-cash the Bank Guarantee and pray this Court to grant protection till filing of interlocutory application in pending O.P.No.04 of 2025.

6. Recording the submissions of learned counsel for the parties and without going into the merits of the case, this Writ Petition is disposed of granting liberty to the petitioner to file an Interlocutory Application seeking appropriate relief on or before 25.07.2025 in the pending O.P.No.04 of 2025 and as on that date respondents are directed not to en-cash the Bank Guarantee bearing No.02802IGL0004823 dated 16.10.2023, if not already en-cashed. However, it is made clear that this orders would subsists only up to 25.07.2025.

There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

__________________________________ JUSTICE N.V. SHRAVAN KUMAR July 08, 2025 Note: Furnish C.C.

today. B/o.PN THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR July 08, 2025 Note: Furnish C.C.

today. B/o.PN