PRATIBHA INDUSTRIES LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present writ petition is filed challenging order dtd. 20/12/2025, passed by learned Commercial Court No.1, Jodhpur in Civil Original Suit No.41/2022, rejecting application filed by petitioner under Order VIII Rule 9 of CPC seeking to place on record the subsequent pleading (rejoinder) to the written statement was rejected.

(2.) It is stated in the plaint that petitioner is a public limited company engaged in execution of large infrastructure projects. Pursuant to NIT No. 09/2011-12 issued by the Rajasthan Water Supply and Sewerage Management Board for execution and 10 years O&M of the Barmer Lift Water Supply Project (Phase-II Part-A) on turnkey basis, the petitioners bid was accepted and a contract dtd. 23/8/2012 for about ?168 crores was awarded.

(3.) It was further stated that, under the contract, the respondents were required to provide full site access, timely approvals of drawings, designs, vendors, and QAPs, and to make payments in a timely manner. It was, however, alleged that the sites were handed over in a piecemeal and delayed manner; that statutory clearances (including Form-V and PAC) and various approvals were not accorded within the stipulated time; and that certain payments were subject to deductions towards mobilization advance, interest, and liquidated damages. It was contended that these circumstances had an impact on the progress of the project. It was also stated that requests for extension of time and revision of milestones were considered and granted on a provisional and short-term basis.