- (1.) The petitioner-company has come up questioning the termination of Concession Agreement dated 1.8.2011 vide communication dated 25.7.2016 by the Uttar Pradesh State Highways Authority/respondent No.2 herein thereby terminating the contract for the project of the construction and repair of a 4-lane road, namely, State Highway No.57 in the Delhi-Uttarakhand Border section. The agreement dated 1.8.2011 has been filed on record as Annexure - 3.
(2.) The petition has been opposed by Sri Vivek Raj Singh for the respondent No.2/Authority, the learned Standing Counsel for the respondent No.1/State of U.P. and Sri D.K. Pathak, learned Counsel for the respondent No.3/Punjab National Bank, which is the leading Banker of the Consortium of Banks that has been funding the petitioner-company in the aforesaid project.
(3.) The grievance of the petitioner is that the termination of the contract has been done arbitrarily on the strength of an ex parte report of an Independent Engineer who was to submit the appraisal of the work to be executed on the basis of whereof action was to be taken by the respondents under the terms of the agreement.;