SIMPLEX PROJECTS LTD Vs. NATIONAL SPORTS UNIVERSITY

JUDGEMENT

(1.) Heard Mr. S. D Singh, learned counsel appearing for the petitioner and Mr. M. Devananda, learned counsel appearing for the respondents.

(2.) The fact of the present case in a nutshell is that M/S Hindustan Steel Works Construction Ltd., a subsidiary of the NBCC (India) Ltd., while working as Project Manager Consultant for the Ministry of Youth Affairs and Sports published a notice inviting e-tender dated 28- 11-2018 for construction of buildings including allied external development works for National Sports University (Package 2 - A) at Imphal, Manipur. The value of the said tender was fixed as Rs.96,40,07,726.00 and the period for completion of the contract work was fixed as 15 (fifteen) months and the date of commencement of the period was to be reckoned from the 10th day after issuance of the letter of award.

(3.) The said contract work was awarded to the petitioner viz, M.S Simplex Project Ltd, and the said contract work was to be executed under the terms and conditions of the contract drawn up between the parties. When the said contract work could not be completed in time, the petitioner made a request to the employer for extension of time for completion of the said contract work and the employer granted provisional extension of time for completion of the said contract work which was up to 31/12/2021. Subsequently, when the petitioner could not complete the execution of the said contract work in time, the period for completion of the said contract work was extended from time to time on the request made by the petitioner and ultimately, when the petitioner failed to complete the execution of the said contract work even during the extended time, the respondents declined to entertain the request of the petitioner for granting further extension of time and informed the petitioner that they would terminate the contract and invoke the bank guarantee. Having been aggrieved, the petitioner filed the present writ petition praying for granting the following reliefs: