NAGARJUN CONSTRUCTION COMPANY LIMITED Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. A.G. Momin, learned counsel for the petitioner/Company, who, at the outset, has submitted that there is a defect in the cause title of this petition, inasmuch as, the name of the petitioner is noted as M/s Nagarjun Construction Company Limited (NCC), when actually the entity is now simply named as NCC Limited. It is prayed that wherever such defect appears in the petition, the same may be allowed to be rectified. On prayer made, the memo of rectification is allowed to be filed before this Court.

(2.) The learned counsel has further submitted that the petitioner is aggrieved by a communication dtd. 11/12/2023 (Annexure-XV) issued upon the Senior Manager, Canara Bank, Prime Corporate Branch, BR TSR Complex, Sardar Patel Road, Hyderabad, Telangana by the respondent No. 3, wherein a request has been made for extension of Bank Guarantee No. 2657BG0912015 dtd. 27/3/2015 of Rs.7,56,63,255.00.

(3.) It is the contention of the learned counsel for the petitioner that the concerned project earlier known as 'Shillong International Centre for Performing Arts and Culture (SICPAC)', now known as 'LARITI Performing Centre', has since been completed and the same was handed over to the Government of Meghalaya in the Arts and Culture Department, which was duly inaugurated on 14/11/2022. In this connection, the Defect Liability Period has since expired and accordingly, there is no requirement for the said Bank Guarantee to be extended as has been prayed for in the impugned communication. It is therefore prayed that during pendency of this writ petition, the said communication dtd. 11/12/2023 may be stayed.