RAPTI CONTRACTORS Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri S.K. Jain; learned counsel for the petitioner and Sri L.P. Naithani, senior Advocate and Sri Sharad Sharma, learned counsel for the respondents.

(2.) LEARNED Senior Advocate Sri L.P. Naithani want that the petition be heard on the point of its maintainability without having the order dated 15.4.2004 complied with. A detailed order was passed on 15.4.2004 after hearing learned counsel for the parties and since"¢ the contract had been rescinded and the respondent had been directed to carry on the work at his own after the measurement of the work done by the petitioner. It is just and proper that the measurement had to be done so that there may not be any future dispute in regard to the work already done by the petitioner. Considering this the first priority in the petition is to seek compliance of the said order. Therefore we do not propose to hear the arguments on the maintainability at this stage and it is directed that the parties shall comply with the requirement to deposit the expenses for the work to be entrusted to the I.I.T., Roorkee. The estimate of the work had been given in the letter dated 7.6.2004 of the Head of Department of Earth Sciences, I.I.T. and the estimate works out to be Rs. 4,10,400/ -. In view of the order dated 15.4.2004 of the Court the petitioner and the respondents are directed to contribute 50% each and the amount be deposited in one month with the Registry. On deposit of the amount the same shall be remitted to the I.I.T., Roorkee as stated in the said letter dated 7.6.2004 and the work as detailed in the said letter shall be completed thereafter within a period of two months. Put up thereafter.