JAI MAA SHARDEY CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ application has been filed for quashing the cancellation of the contract, as communicated to the petitioner by the Senior Divisional Engineer (2), East Central Railway, Danapur, by communication dated 3.10.2008 on the ground of non performance of contract within the stipulated period and against consequential invocation of performance guarantee and forfeiture of earnest money as well as subsequent re -tender of the same work at the risk and cost of the petitioner.

(2.) THE performance guarantee was invoked and forfeiture of earnest money was ordered as well as re -tender was issued during the pendency of the writ petition and were stayed by order of this Court dated 9.4.2009.

(3.) AS pleadings are complete, with the consent of the parties, the writ petition was finally heard for final disposal at this stage itself.