T.K. ENGINEERING CONSORTIUM PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.S. Dey, learned senior counsel assisted by Mr. S.K. Deori, learned counsel for the petitioner.

(2.) Mr. K. Paul, learned CGC accepts notice on behalf of the respondents No. 1 and 2 but expressed his difficulties to assist this Court today due to personal reasons and prays that the matter be taken on another date. Mr. S.S. Dey, learned senior counsel however submits that the matter is extremely urgent and unless the same is considered at the earliest the petitioner shall be put to irreparable loss.

(3.) Heard Mr. S.S. Dey, learned senior counsel at length, the matter concerns a subsisting contract of the petitioner for construction work for "Development of Integrated Check Post at Dawki (Meghalaya) along the Indo-Bangladesh Border". The writ petitioner has assailed the termination order dated 17.01.2019 whereby the contract has been terminated and wherein it is stated that the contractor had failed to execute the contract with due diligence in terms of clause 3 (ii) of the Conditions of Contract.