RAWATSONS ENGINEERS (P LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) WITH the consent of the parties this Writ application is being disposed of at the stage of admission itself as counter affidavit has been filed on behalf of the concerned Railway and rejoinder thereto filed. Pleadings are completed.

(2.) HEARD the parties.

(3.) MR . Rajiv Kumar Verma, learned Senior counsel appearing in support of the Writ petition has raised a very short and concised point that the aforesaid communication, as contained in Annexure 1, is wholly without jurisdiction, unenforceable and illegal because notwithstanding the alleged letter of acceptance issued by the Railway dated 6.3.2008 (Annexure 4) there is no concluded contract as between the parties and in absence thereof the petitioner is not bound by any agreement nor Clause 62 of the General Conditions of Contract, 2001, can apply.