M.M. CONSTRUCTION THROUGH ITS PARTNER D.K. PANT S/O M.R. PANT Vs. SECRETARY, NAINITAL LAKE REGION SPECIAL AREA DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) HEARD Mr. Pardeep Hairiya, the learned Counsel for the Petitioner and Mr. Rahul Consul, the learned Counsel for the Respondents.

(2.) THE Nainital Lake Region Special Area Development Authority issued a public notice inviting tenders for the construction of building and development work of new bridges -cum -bypass, IInd Phase, Tallital, Nainital from eligible contractors. The Petitioner submitted his tender and was accepted by the authority and a contract dated 12.08.2010 was executed between the parties. The contract stipulated a time frame within which the work was required to be completed, namely, nine months from the date of execution, i.e., from 18.10.2010 to 17.07.2011. Since time was the essence of the contract, the Petitioner alleged that certain hindrances came in the way, which did not allow the Petitioner to complete the contract within the stipulated period. Certain examples were placed before the court, namely, that there was a high tension line going above the road and that the high tension line was required to be shifted. Further, necessary drawings were not supplied by the Respondents and, therefore, the Petitioner could not make adequate progress. Since the Petitioner could not even complete 25% of the bridge, the Respondents passed an order dated 20.07.2011 terminating the contract.

(3.) FOR facility, Clause 5 of the contract is quoted hereunder: