- (1.) Pursuant to our previous order dated 01.11.2017, Mr. Vijay Srivastav, Regional Officer, NHAI, Ranchi, Mr. Devendra Kumar Gupta, Project Director, NHAI, Ranchi, Mr. Anand Kumar Singh, Member(Project) NHAI are present on behalf of NHAI. Mr. Lalu Oraon, Executive Engineer, Road Construction Department, Road Division, Ranchi (Gramin), Mr. Yogendra Baraik, Assistant Mining Officer, Ranchi are present on behalf of the State. Mr. K.Srinivasa Rao, Managing Director of the Respondent Agency and Mr. B.Ramachandra, Authorized Signatory cum Project Manager, REL are also present.
(2.) Learned A.S.G.I on instructions of the Ministry of Corporate Affairs and Directorate of Serious Fraud Investigation Office(SFIO) submits that the SFIO cannot investigate any company on its own and the Central Government allocates investigation on the basis of nature of fraud. Further non-execution of work falls within the ambit of Contract Act, in relation to which, the parties have enough remedy to enforce the contract. The SFIO do not investigate such failure in execution of any contract.
(3.) The National Highways Authority of India(NHAI) has filed an affidavit on 10.11.2017 inter alia stating that the overall cumulative physical progress achieved up to 07.11.2017 is 45.98% but for the 1st week of November 2017 is 0.00%. Details of the monthly target vrs. achievement are furnished by way of a chart at para 5 of the affidavit. The monthly target of November 2017 is Rs.53.411 Crores and corresponding target for 01.11.2017 to 07.11.2017 is Rs.12.463 Crores. JUDGEMENT_36_LAWS(JHAR)11_2017_1.html The NHAI has deployed three agencies to maintain the existing road at the risk and cost of the Concessionaire from Km 139+ 380 to Km 277 + 500. The maintenance work has already been started and as on 08.11.2017, the completed length is 16.260 Km including diversion. The balance length of existing road to be maintained is 41.950 Km.;