- (1.) Parties to these writ petitions are common. The subject matter is also common in both the petitions which arise out of contract agreements, both dated 04.08.2010. Vide the aforesaid agreements, the respondents i.e. The Punjab State Federation of Cooperating House Building Societies Ltd. (hereinafter referred to as 'HOUSEFED') had awarded following two works to the petitioner, namely:- a) the construction of 140 flats of category-III, 200 flats of Category-IV and 100 flats of Category-V, b) the construction of 96 flats of Category-I and construction of 96 flats of category-II, as well as all kinds of external services etc. (Group-II) at Cooperative Housing Complex, Sector 79, Mohali.
(2.) These contracts have been terminated vide orders dated 31.05.2012 in both the cases under identical circumstances.
(3.) After receipt of the termination orders, the petitioner FILED Civil Writ Petition No. 11837 of 2012 with the following prayers:- i) To issue a writ of Certiorari so as to quash the orders (Annexures P/1A and P/1B), both dated 31.05.2012, passed by respondents No. 3 and 4, whereby contract agreements (Annexures P/4 and P/5), both dated 04.08.2010, in favour of the petitioner have been terminated with immediate effect and the balance work has been ordered to be executed through some other contractual agency at the risk and cost of the petitioner, performance guarantee has been directed to be encashed and alleged excess payments have been directed to be refunded. ii) To issue an appropriate writ, order or direction to the respondents to act in a true spirit and perspective of the agreements entered between the parties and forthwith prepare the running bills pertaining to the work done at the site in a lawful and transparent manner while taking into account the work executed at the site without omission of any item in a whimsical manner; iii) To issue an appropriate writ, order or direction to the respondents to forthwith clear the outstanding dues of the petitioner for the work already done running into several crores as the respondents are deliberately withholding the outstanding dues of the petitioner on the pretext of alleged overpayments which are neither legal nor factually sustainable.;