- (1.) HEARD Sri Prashant Chandra, Senior Advocate, assisted by Sri Vibhanshu Srivastav, for the petitioner, Sri J.N. Mathur, Senior Advocate, assisted by Sri Puneet Chandra, for the contesting respondents.
(2.) THIS writ petition has been filed for quashing the orders of District Judge dated 20.08.2014, issuing notices in the application filed under Section 9 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), filed in Regular Suit No. 629 of 2014 and Superintending Engineer dated 20.05.2014, terminating the Contract Nos. 15, 16, 17, and 18/ETD 8 -05/09 dated 19.09.2010 and Tender Notice No. ETD 8 -28/14 dated 03.07.2014, inviting fresh tender and for mandamus directing respondents -2 and 3 to permit the petitioner to complete ongoing work of laying down transmission lines in furtherance of Letter of Intent dated 13.08.2010 and 11.10.2010.
(3.) RESPONDENT -3 invited sealed cover tenders vide Tender Specification No. ETD 8 -5/9 on 01.05.2010, for construction of 400 KV DC Quad Band -Allahabad (Rewa Road) and Interconnector of Anpara B -Anpara D on turn key basis. The petitioner also submitted his tender, which was accepted. Respondent -3 issued Letter of Intent dated 13.08.2010, for entering into contract for construction of 400 KV DC Quad Band -Allahabad (Rewa Road) and Interconnector of Anpara B -Anpara D on turn key basis along with supply of all equipment and material (except Conductor, Earth -wire, OPGW and Hardware and Accessories of OPGW). Another Letter of Intent dated 11.10.2010 was also issued. Thereafter written contract between the parties was executed on 19.11.2010. Under the terms of contract, construction of 400 KV DC Quad Band -Allahabad (Rewa Road) including Banda -Orai was to be completed within 18 months from 11.10.2010 and construction of 400 KV DC Quad of Interconnector of Anpara B -Anpara D was to be completed till February 2011. Aforesaid completion period was extended up to June/October 2013 respectively and thereafter up to March, 2015. It is alleged that as the petitioner could not complete the works under the contract as such letters/notices were issued to the petitioner time to time to expedite the work. Various meeting were also held on 09.03.2012, 04.09.2013 and 07.12.2013, in which assurances were given by the petitioner to complete works within limited period but he could not complete the work as such final notice was given on 03.03.2014. In response to the notice, the petitioner assured to complete the line of Anpara B -Anpara D up to May 2014 and remaining work up to March 2015 but no progress in the work was found on the spot. In the public interest contract was terminated by the Committee by letter dated 20.05.2014 and Bank Guarantee was encashed and Tender Notice No. ETD 8 -28/14 dated 03.07.2014, inviting fresh tender was floated. The petitioner filed an application for referring the dispute to Arbitrator under Clause 38 of the Contract. The petitioner also filed an application (registered as Regular Suit No. 629 of 2014) under Section 9 of Arbitration and Conciliation Act, 1996 for interim protection and prayed for stay of the operation and implementation of termination letter dated 20.05.2014 and quashing Tender Notice No. ETD 8 -28/14 dated 03.07.2014, inviting fresh tender and directing respondents -2 and 3 to permit the petitioner to complete ongoing work of laying down transmission lines in furtherance of Letter of Intent dated 13.08.2010 and 11.10.2010. On this application, District Judge by order dated 20.08.2014 issued notice to the opposite parties fixing 19.09.2014 and declined to grant exparte interim order. Hence, this writ petition has been filed.;