LAWS(JHAR)-2023-1-60

TRIVENI ENGICONS PVT. LTD. Vs. STATE OF JHARKHAND

Decided On January 23, 2023
Triveni Engicons Pvt. Ltd. Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The present writ petition was initially filed for issuance of direction upon the respondent authorities to immediately release the bonus amount accrued in favour of the petitioner in terms with Clause 50.1 of the Conditions of Contract of Standard Bidding Document (SBD) (Sec. -3) with respect to the work of "widening and strengthening of Potka-Kudada Road (0.00 k.m. to 11.50 k.m.)" allotted to it pursuant to Agreement No. 01SBD/2014-2015 dtd. 21/5/2014 owing to the fact that it has completed the said work six months prior to the assigned date.

(2.) A counter affidavit has been filed on behalf of the respondent sworn by the Executive Engineer, Road Construction Department, Road Division, Jamshedpur (the respondent no. 6) annexing letter no. 1370 dtd. 1/9/2021 (Annexure-W to the said counter affidavit) issued by the Chief Engineer (Communication), Road Construction Department, Ranchi (the respondent no. 4) to the respondent no. 6 informing that since the petitioner has not completed the items in full as per the agreement, it does not fulfil the requirement for payment of bonus in terms with Clause- 50.1 of the Conditions of Contract of SBD (Sec. -3).

(3.) Subsequently, the petitioner by filing I.A. No. 6619 of 2021 has sought challenge to letter no. 1370 dtd. 1/9/2021 issued by the respondent no. 4.