PAVE INFRASTRUCTURE PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner No.1 is a Private Limited Company having its registered office at 2nd Floor, Kapil Centre, Opposite ICICI Bank, Sevoke Road, Siliguri, West Bengal and the Petitioner No.2 its Director. The Petitioner -Company had been awarded with a contract work for construction of Multi Level Car Parking with allied facilities at Mangan, North Sikkim, under a Contract Agreement dated 23 -02 -2010 in terms of which the work requiring completion in 24 months, was commenced on 25 -01 -2010.

(2.) WITHOUT going into the details, it is sufficient to note that the only grievance expressed by the Petitioner - Company in the Writ Petition is that the Respondents No.2 to 4 had refused to pay escalation costs occurring during and the extended period of the contract which, as per the Petitioner -Company, the Respondent No.2 was liable to pay under Clause 16.1 of the General Conditions of Contract.

(3.) THE Respondents No.2 to 4 in their counter - affidavit filed jointly, have denied the claim of the Petitioner -Company on the ground that those were being raised on an erroneous interpretation of the various terms and conditions of the Contract including the Letter of Intent (in short the "LoI") which formed part of the Contract Agreement dated 23 -02 -2010.