SHINDE DEVELOPERS PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr.Akhilesh Jaiswal, learned counsel for the petitioner; and Mr.S.L.Babar, learned AGP for the respondents.

(2.) By this petition petitioner seeks to challenge the order dated 5 th December, 2013 passed by the Standing Empowered Committee and further seeks a direction to the respondents, more particularly to the State of Maharashtra, to constitute a new Standing Empowered Committee to adjudicate the dispute between the petitioner and the respondents without being influenced by the order dated 5th December, 2013.

(3.) It may be mentioned that by the order dated 5th December, 2013 the Standing Empowered Committee while cancelling the order passed by the Superintending Engineer terminating the contract given to the petitioner, however imposed penalty of 10% of the contractual amount. Besides petitioner would not be paid any amount on account of price escalation and/or difference in cost. The impugned order further says that as the petitioner had continued with the contractual works and completed the same even after termination of the contract without permission, the quality of the executed work post termination would be ascertained and if found satisfactory then only final payment would be made to the petitioner.