VIRENDER SINGH, J. - (1.) Aggrieved by order dated 27.11.2015 passed in WP(C) No. 4869 of 2015, whereby challenge to order as contained in letter No. 21.09.2015, which is a notice for termination of the Agreement, has been rejected, the instant Letters Patent Appeal has been filed by the appellant - Jamshedpur Waste Processing Company Private Limited.
(2.) The appellant -company was incorporated as Special Purpose Vehicle by SPML Infra Limited and M/s Integral Screw Industry Limited as the lead member of consortium. A Concession Agreement was entered on 08.08.2012 between the appellant and Jamshedpur Notified Area Committee and the Performance Bank Guarantee of Rs.1,66,00,000/ - issued from Canara Bank, Camac Street, Kolkata was furnished to the respondents.
(3.) The case of the appellant is that inspite of several letters for removing encroachment from the site, peaceful and vacant possession of the identified project site was not handed over to the appellant within 30 days from the appointed day, which resulted in considerable loss to the appellant. Further case of the appellant is that inaction on the part of the respondents attracts Clause 6.1(a) and 6.1(b) of the Concession Agreement nonetheless, vide letter dated 21.09.2015, the respondent - Special Officer, Jamshedpur Notified Area Committee gave notice for termination under Clause 9.2(c) of the Concession Agreement.;