DAS OFFSHORE LIMITED Vs. MILITARY ENGINEER SERVICES

JUDGEMENT

(1.) The Petition is circulated urgently by mentioning the same with submission that Respondent No.1 has invoked the bank guarantee on 7/6/2023, and it is likely to be encashed within a day or two. While granting production, I had directed the learned counsel that notice should be served upon Respondent Nos.1 and 2, before any relief sought for can be considered. Accordingly, notice has been served upon the contesting Respondent no.1 and Affidavit of service is tendered by the learned counsel and the same is taken on record.

(2.) Notice being served on Respondent No.1, learned counsel Mr.Shimpi is engaged, but since it is informed by the proxy counsel Sanjay Gunjkar appearing on his behalf that he has left the court premises, he request that the mater shall be listed on Monday. None present for Respondent No.2 despite service.

(3.) The learned counsel would submit that Respondent No.1 had invited a tender, pursuant to which the petitioner has submitted his tender, which was accepted and work of provision of deficient trainee officers single living accommodation and mess at INS Hamla was allotted to him. The allocation of the work is subject to the condition of furnishing unconditional and irrevocable bank guarantee which was accordingly submitted. The learned counsel would submit that the notice inviting tender expected the work to be completed within a period of 24 months from the date of award of the contract. The site was handed over to the Petitioner on 15/11/2021 and the soil testing report for carrying out necessary work was submitted on 24/3/2022. Thereafter, certain instructions were received from the Respondent No.1 to the Petitioner to dig upto 5 meters for conducting soil testing. By a communication dtd. 21/2/2023, the Petitioner was intimated that the re-verification of the first STE report was submitted to the office on 8/4/2023. The period of work was specifically mentioned as 290 days i.e. till 21/1/2024 and the communication indicated that the said period shall be dealt as specific condition no.9 which shall be dealt as specified in condition No.9 of the General Conditions of contract.