ESPAN INFRASTRUCTURE (I) LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Alok Kumar Agarwal, learned counsel for Patna High Court CWJC No.7712 of 2020 dt.10-12-2020 the petitioner and Mr. Ravi Bharadwaj, learned counsel for the respondents

(2.) The petitioner company had bagged the contract for periodical repair work of NH -101 for the year 2016-17 at an estimated cost of Rs. 541.61 Lakhs against the Notice Inviting Tender(NIT) bearing No. 2/16-17 issued by the Executive Engineer, Chapra. The work had to be completed within five months. After the agreement was signed, the work started from 16.01.2017 and it was duly completed within the stipulated period of five months on 15.06.2017.

(3.) While executing the work under the agreement, the petitioner company had obtained Bitumen from Mathura Refinery of Indian Oil Corporation Limited (hereinafter referred to as "IOCL") because of scarcity of Bitumen in Barauni Refinery and the aforesaid procurement was ratified by the respondents. Immediately after the completion of the project, the NH was sub-merged with flood water and some stretch of the roads repaired by the petitioner company got damaged. However, the necessary repairs were made and the Executive Engineer was informed about the same. The Patna High Court CWJC No.7712 of 2020 dt.10-12-2020 repair work was certified by the Assistant Engineer after proper inspection.