I.P.MUKERJI, J. - (1.) The Court : The contract in question has been terminated by the letter of the Vice-Chairman of the respondent no.1 on 29th May, 2017. The contract was for construction of Gangway-cum-Pontoon jetty at Falta in the district of South 24 Parganas.
(2.) This section 9 application was moved by the petitioner on 22nd June, 2017. It was alleged on their behalf that the termination of the contract by the respondents was wrongful, inasmuch as, the petitioner had performed a substantial percentage of the work. In those circumstances, I directed the parties to make a joint measurement of the work actually done by the petitioner till 29th May, 2017. The specific case of the petitioner was that after receipt of the show cause notice dated 16th May, 2017 from the respondents as to why the contract should not be terminated they speeded up the work. A substantial part of it was completed at the time of contract was terminated.
(3.) This joint measurement has been brought on record by way of a supplementary affidavit. It appears from this report that 100% of the drawing work, 83% of supply and fabrication of pontoon as per approved drawing and specification, 71% of supply and fabrication of gangway had been completed. Thereafter, the petitioner seems to have lost their way with regard to piling work, fitting and fixing of pipes , reinforcement work, etc. where the percentage of work done seems to be very low.;