NELAKUDURU INFRA SRIGANESH JV Vs. UNION OF INDIA

JUDGEMENT

(1.) On 30/5/2023, the matter was heard and the order was reserved, on the application preferred by the respondents under Article 226 (3) of the Constitution of India seeking vacation of the ex parte interim order dtd. 13/3/2023 passed in the present petition.

(2.) As per the pleaded facts, the respondents issued a tender bearing no.NWR/SC/FL-DNA/Civil-419150307-R for the works of construction of major bridges (12 in number) and minor bridges (PSC Slab) from km 0.00 to km. 108.750 between Phulera-Degana Sec. of Jodhpur Division.

(3.) Mr. R.N. Mathur, learned Senior Counsel assisted by Mr.Nishit Shah, appearing on behalf of the petitioner, submitted that the aforementioned 7 days' notice (five in number) were issued to the petitioner by the respondents seeking the progress report of the works in question only, and not for termination of the contract in question. Therefore, as per learned Senior Counsel, the impugned termination notice is not sustainable in the eye of law.