BRIDGE AND ROOF INFRASTRUCTURES Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall dispose of W. P. No. 4227/2006 (M/s. Bridge and Roof Infrastructures Vs. Union of India and others) and W. P. 7881/2007 (M/s. Bridge and Roof Infrastructures Vs. Union of India and others ).

(2.) SHORN of unnecessary details the question in dispute can be summarized in the nutshell to say that whether the recovery notices issued by the respondent in one of the cases whether in relation to quantified damages or unqualified damages are valid and are in accordance with law or not and whether cancellation of the contract was valid.

(3.) UNDISPUTEDLY the petitioner had entered into certain agreements with the respondents for repair of certain railway bridges. It appears that after sometime the petitioner, as alleged by the respondents abandoned the work and refused to restart the work or take up the work again Taking into consideration the alleged conduct of the petitioner/contractor the respondents cancelled the contract, engaged some debit-able agency and proceeded to get the work finished at the expenses of the petitioner/contractor. After completion of the work the Union of india/railways finding that they had to undergo extra expenses issued demand notice and circulated the same to all other stations of the Railways that an amount of Rs. 16,95,919. 00 be not paid to the petitioner/contractor