- (1.) The instant matter arose on termination of the Agreement dated 30.04.2012 executed between the petitioner and the respondent-Transport Department, Government of Jharkhand for execution of the work of supply and affixation of High Security Registration Plates (HSRP) throughout the State in all the districts. The order of termination is dated 13.08.2012. Petitioner was also blacklisted by letter dated 04.09.2012. The parties are at contest on the merits of the matter relating to performance of reciprocal promises by them.
(2.) Arguments have been advanced on the part of the petitioner as well as the respondent State. It has transpired during course of the argument that the Agreement in question contains a structured method of resolution of disputes in connection with the contract. It also provides for penal consequences in the nature of liquidated damages, forfeitures of security deposit and also termination of contract for the delay caused by the contractor in performance of his contractual obligation. Relevant clauses of the Agreement are Clause-25 to 31 and 38.
(3.) It has also transpired during course of argument that after termination of the Agreement with the petitioner, the respondent State issued fresh tenders twice for execution of the work with a new party. The first tender after termination of the instant contract was reportedly aborted. The second tender ended up in issuance of letters of intent in favour of the private respondent herein on 08.01.2013. However, though the letter of intent stipulated that the Agreement has to be entered within ten days, but no such Agreement could be executed thereafter for the reasons which need not be gone into for the present. In essence, the work of such a technical nature in respect of embossing and affixing of HSRP throughout the State in furtherance of the statutory mandate under the Motor Vehicles Act, 1988, The Central Motor Vehicles Rules, 1989 and Motor Vehicles (New High Security Registration Plates) Order, 2001, could not be implemented in the State, till date.;