ROY CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by a contractor engaged in civil contracts seeking to quash Exhibits P15 and P15(a) workload reports dtd. 5/10/2021 and 21/1/2021 respectively, whereby the list of working contractors of Southern Naval Command considered not capable of handling more load, is provided by including the petitioner firm also, showing that 'the work under arbitration', and to permit the petitioner to participate in tender proceedings of the respondent Military Engineering Services Department.

(2.) A further writ of mandamus was also sought for directing the respondents to take all necessary steps to permit the petitioner to participate in the tender for works with Military Engineering Services Department and award the work unimpaired by Exhibits P15 and P15(a) workload reports, if the petitioner is otherwise qualified.

(3.) Shorn of unnecessary details, the basic facts required for the disposal of the writ petition are as follows: The petitioner firm was awarded work under Exhibit P1 work order dtd. 13/7/2011 with respect to the repairs of Southern Naval Command Officers' mess at Naval Base, Kochi and to provide all materials and labour for the full and entire completion of works. According to the petitioner, the work was prolonged solely due to the inability of the respondents to fulfil their obligations under the contract, such as handing over of the site, which was considerably delayed for a period of three years dividing the site into 30 stretches; the delay in issuing of approvals/decisions; gross short certification of payments; non- recording of proper measurements and so on, which are evident from Exhibit P6 internal correspondence dtd. 8/10/2014 issued by the third respondent. Resultantly, the petitioner raised claims on account of the cost of work done, unlawfully withheld amounts and escalation during the prolonged period and consequent to which a retired Judge of this Court was appointed as Arbitrator, who, in turn, appointed a technical expert for taking stock of actual work done.