TRIDENT ENGINEER Vs. DAKSHINANACHAL VIDYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) Heard Sri Tarun Agrawal, learned counsel for the petitioner and Sri Baleshwar Chaturvedi, learned counsel for the Respondent-Corporation.

(2.) The matter was taken up on 12.12.2019 and instructions were supplied by learned counsel for the respondent (Corporation) which were taken on record. Today with the consent of both the counsels the matter is being finally heard and decided.

(3.) The petitioner has filed the present writ petition for issuance of writ, order or direction in the nature of Certiorari quashing the order dated 12.09.2019 passed by the respondent No. 2 by which the petitioner has been put on holiday list for three years. The said order is Annexure 10 to the writ petition. The facts of the present case relate to tender No. 45-EWCA / 2016-17 floated by the respondent No. 2 for the supply and erection of material for construction of 33KV single circuit solar power plant line from 220KV s/s, Gokul, Mathura to proposed Solar Power plant of 5MW in District Mathura on semi turnkey basis. The petitioner emerged as the lowest bidder for the said work and was thus issued a letter of intent dated 22.03.2017 by the respondent No. 2. A copy of the same has been annexed as Annexure No. 1 to the writ petition. Subsequently, a formal contract was executed between the respondent No. 1 and the petitioner on 03.04.2017. As per the contract the work was to be completed by 22.07.2017 but the contract also envisaged extension of time in the event of unforeseen circumstances. The total value of the contract was provided in Clause 5 of the same. As per Clause 5.1 of the contract 60% of the material cost was to be paid after successful inspection and delivery of material at site, further Clause 5.2 provided 30% payment of the material cost upon erection of the material, Clause 5.3 provided that the balance payment of 10% against supplies will be done after satisfactory commission and handing over of the project. The petitioner was further required to deposit permanent security deposit equivalent to 10% of the contract value as per Clause 7 of contract. The said amount worked out to Rs. 34 lakhs.