AVANTIKA CONTRACTORS (I) LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. U. Narayan Sharma, the Applicant in this application seeks to implead himself in the present Writ Petition as a Respondent.

(2.) Heard Mr. Jorgay Namka, Learned Counsel for the Applicant as well as Mr. B. S. Banthia, Learned Counsel for the Petitioner in the Writ Petition.

(3.) From the pleadings in the application it seems that one SSK SSKC-SSKI (JV) had issued work orders dated 23.02.2017 for supply of loaders, rock breakers, excavators and tippers on monthly hire basis for Thangu-Muguthang road project site at North Sikkim on certain terms and conditions to the Applicant herein. The Applicant contends that in the said work orders SSKC-SSKI (JV) had projected that the Thangu-Muguthang road project site at North Sikkim was theirs. The Applicant Sri Avantika Contractors (I) Ltd. vs. Union of India & Ors. submits that the authorised signatory of the Petitioner in the Writ Petition as well as SSKC-SSKI (JV) is one and the same person, which is evidently so. The Applicant has also filed photocopies of various bills as Annexure-A6 (collectively) to the application. All the said bills prima-facie reflects a privity contract between SSKC-SSKI (JV) and the Applicant who seeks to implead himself in the present Writ Petition. The e-mail exchanges which have been filed as Annexure-A8 (collectively) also suggest the same fact. The Applicant has filed, what it claims to be a copy of a web page of Shri Sai Krishna Constructions, in which it has been claimed that the ITBP road from Thangu to Muguthangu (31 kms) in the State of Sikkim is being executed by SSKC-SSKI (JV). The Applicant thus submits that SSKC-SSKI (JV) and Sri Awantika Contractors (I) Ltd. is one and the same. Consequently, the Applicant pleads that the Petitioner having issued the said work orders to the Applicant and having utilized their services failed to make payment of the Applicant's bill till September, 2017 for an amount of Rs.1,63,18,623/- (Rupees one crore sixty three lakhs eighteen thousand six hundred twenty three) which have been duly verified by the Petitioner and a further amount for Rs.17,64,499/- (Rupees seventeen lakhs sixty four thousand four hundred ninety nine) which is yet to be authenticated. The Applicant submits that since the Petitioner has, in the present Writ Petition, sought direction upon the Respondents Sri Avantika Contractors (I) Ltd. vs. Union of India & Ors. to clear all pending outstanding dues along with interest to the Petitioner grave and serious prejudice would be caused to the Applicant if he is not made a Respondent in the present Writ Petition.