LAWS(DLH)-2021-9-21

S.P. SINGLA CONSTRUCTIONS PRIVATE LIMITED Vs. CONSTRUCTION AND DESIGN SERVICES, UTTAR PRADESH JAL NIGAM

Decided On September 23, 2021
S.P. Singla Constructions Private Limited Appellant
V/S
Construction And Design Services, Uttar Pradesh Jal Nigam Respondents

JUDGEMENT

(1.) Petitioner- S.P. Singla Constructions Private Limited claims to be one of the most reputed construction company specialized in construction of bridges and other projects across the country. Respondent- Construction and Design Services, a 100% undertaking of Government of Uttar Pradesh, claims to be providing construction and design Services.

(2.) Respondent had invited proposals for Qualification cum Request for Proposal dated 06.04.2016 to undertake design, engineering, procurement and construction of a dedicated corridor (4 lane including extra-dosed bridge across River Ganga) for old and differently-abled persons during Kumbh and Magh Mela at Sangam, Allahabad, UP, India. Petitioner participated in the bidding process and was adjudged as the successful bidder with the lowest bid. Therefore, respondent had issued a Letter of Award dated 03.01.2017 in favour of the petitioner and a formal Contract dated 08.02.2017 was executed between the parties.

(3.) Petitioner claims that the value of the Contract was Rs.984,53,75,000/- (Rupees Nine Hundred Eighty-Four Crores, Fifty- Three Lacs Seventy-Five Thousand Only) and the project was to be concluded within a period of 30 months followed by a defect liability period of 48 months from the date of provisional certificate of completion. Further, petitioner was obligated to deposit Bank Guarantees towards performance security to the tune of 5% of the said Contract Value and so, vide letter dated 13.02.2017, thirteen bank guarantees to the tune of Rs.49,22,69,000/- were deposited by the petitioner, which also stood extended.