SHARDA CONSTRUCTION Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard counsel for the parties. Petitioner entered into the Agreement No. 5F2 of 2007 -08 with the respondent Executive Engineer, National Highway Division, Road Construction Department, Gumla (respondent No. 6) for widening of pavement from km. 169 to km. 181 of N.H. 23 from the estimated cost of Rs. 3,32,69,900/ - to be completed within 15 months from the date of commencement i.e. 1st August, 2007. As it appears from the stand of the respondents reflected in the counter -affidavit at paragraph 22, petitioner has completed 88.79% of work and more than 10% work is left over hence revalidation/relaxation of the work is required by the competent authority and proposal for the same is pending before the competent authority.

(2.) Petitioner has approached this Court seeking payment of admitted dues for the work executed and also for a direction upon the respondents to close the agreement and refund the earnest money, security deposit and any penalty for delay in completion of work asserting that there are no laches on the part of the petitioner. Petitioner has referred to an FIR bearing T. Tangar (Thethai Tangar) P.S. Case No. 20 of 2008 Annexure -2 registered under the provisions of the Indian Penal Code and Criminal Law Amendment Act in relation to certain use of firearms and exertion of coercion to receive ransom (rangdari) from the petitioner firm.

(3.) It is submitted that work has been delayed for the remaining part which also involves construction of a small span bridge which requires use of explosives. Counsel for the petitioner has also submitted that the request of petitioner for payment of admissible dues against the work executed is pending before the competent authority under the respondents.