K K BUILDERS PRIVATE LIMITED THROUGH ITS MANAGING DIRECTOR Vs. UNION OF INDIA THROUGH MINISTRY OF SHIPPING
LAWS(JHAR)-2018-7-136
HIGH COURT OF JHARKHAND
Decided on July 03,2018

K K Builders Private Limited Through Its Managing Director Appellant
VERSUS
Union Of India Through Ministry Of Shipping Respondents

JUDGEMENT

Anubha Rawat Choudhary, J. - (1.) Nobody appears on behalf of the petitioner.
(2.) The writ petition has been filed for the following relief:-. "That the petitioner by way of the instant writ application prays for the issuance of an appropriate writ upon the respondents directing them to revise the estimate of the work relating to Improvement of Road, Quality Programme of National Highway No.6 between Km 184 (portion), 190 to 197 and 205, 206 (portion) and pay the revised rate of bitumen as promised to them by the respondent no.3 and further in view of the fact that there had been an unprecedented hike in the price of bitumen subsequent to the date of applying for the tender and execution of the work."
(3.) Counsel for the respondents by referring to para 7 of the counter-affidavit filed on behalf of the respondent nos.3 to 7 submits that the petitioner had entered into an agreement vide agreement dated 07.03.2008 and there is no such provision to provide extra cost of bitumen in the entire contract. He submits that the petitioner has quoted rate on the basis of rate in the bill of quantity which was based on the scheduled rate of 2006 and he was free to quote any rate on the basis of market rate, but as there is no such provisions of enhanced rate for extra cost of bitumen in the contract, therefore no relief can be granted to the petitioner.;


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