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Judgment
The petitioner is aggrieved by the termination of contract entered into with the respondents with respect to the doubling of track between Kuruppanthara and Chingavanam.
According to the petitioner, the work was to be completed by 22.11.2021. Petitioner submits that considerable portion of the work was also completed. Petitioner also submits that there was delay in furnishing the drawings by the respondents and one such drawing was received only on 07.01.2021, whereas it has to be furnished in November, 2020. By Ext.P15 order dated 01.03.2021, the contract is rescinded in terms of clause 62 of Standard General Conditions of contract. It is also ordered that the Security Deposit would be forfeited and Performance Guarantee would be encashed and petitioner's firm or any of its members or partners would be debarred from participation in the tender for executing the balance work. It is pointed out that as per Ext.P17, the Bank Guarantee has already been encashed from the Federal Bank. Aggrieved by Ext.P15 termination, petitioner has submitted Ext.P16 representation before the 1st respondent.
The learned Standing Counsel, Sri.Dinesh Rao, submitted that the contract was terminated only because of the delay on the part of the petitioner, the low speed, poor quality of work etc. The learned Standing Counsel submitted that the representation can be disposed of within a period of two weeks.
Therefore, the writ petition is disposed of with a direction to the General Manager, Southern Railways to consider and pass orders on Ext.P16 representation, after affording an opportunity of hearing to petitioner, within a period of two weeks.