DEVENDRA KUMAR PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of parties, heard finally.

(2.) The petitioner is a registered Contractor having registration No.EB00415 issued by the MPPWD. The petitioner was awarded a contract for construction of Archery Ground at Girls Krida Parisar, Jhabua. An agreement between the parties bearing No.06/2019 - 20 was executed on 26/6/2019. Rates quoted by the petitioner were found 20.20% below the schedule rate and the total cost of construction came out to be Rs.16,30,400.00 for entire awarded work. The petitioner was given 12 months' time to complete the work excluding rainy season i.e. up to 25/6/2020. According to the petitioner, working drawings were approved by the respondents only on 30/12/2019 and the lay out was provided to him on 23/9/2020 which is the main reason for the delay in execution of the work. The petitioner was directed to re-execute the work of column after dismentling the same that is also the reason of delay.

(3.) The petitioner was served with a show-cause notice dtd. 16/9/2021 in order to terminate the contract under Clause - 27 of the agreement. The petitioner submitted a reply on 22/9/2021. The respondents were not satisfied with the reply and directed the petitioner to execute the work at site. The petitioner again submitted a reply explaining the difficulties in completing the work, however, vide letter dtd. 12/10/2021, the respondents terminated the contract in question. The petitioner invoked Clause - 12 of the agreement by submitting a claim before the Additional Project Director. An appeal was also preferred by the petitioner which is still pending for consideration.