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Judgment
A.Guneshwar Sharma, J
Heard Mr.N.Kumarjit, learned senior counsel assisted by Mr.Zequeson, learned counsel for the petitioner.
The petitioner has challenged the termination order dated 20.12.2023 issued by the Chief Engineer, PHED, Manipur. Mr.A.Golly, learned counsel appears on behalf of the respondent No.2, Chief Executive Officer, PHED, along with Caveat Petition No.200 of 2023.
Caveat stands discharged.
Also present Mr.S.Nepolean, learned Government Advocate assisted by Ms.R.K.Emily, learned Dy. Government Advocate appears on behalf of respondent Nos.1 and 3.
Mr.N.Kumarjit, learned senior counsel prays for stay of the termination order dated 20.12.2023 as the same was in violation of the conditions of the contract as well as the provisions of the Contract Act.
Mr.A.Golly, learned counsel for respondent No.2/Caveator submits that this matter may be listed on a next date as the caveat is discharged only today.
Mr.S.Nepolean, learned Government Advocate submits that the contract was terminated after giving due notice on the ground of delay in execution of the work and prays that no interim order may be passed and the project is time bound and no coercive action will be taken against the petitioner till the next date.
Mr.Nepolean, learned Government Advocate submits that only 28.75% work progress is done by the petitioner and financial progress is around 24.87%. Mr.Kumarjit, further submits that there is visible progress of about 40% of work and contract is valid till 15.10.2024 and submits that termination is without any reason.
Issue notice to main petition as well as prayer for interim relief.
In the meantime, respondents undertake to file counter affidavit on or before 10.01.2024 with advance copy to the learned counsel for the petitioner.
Till the next date, status as on today shall be maintained and prayer for interim relief will be considered on the next date.
List on 11.01.2024, after Motion.
Registry is directed to reflect the names of Mr.S.Nepolean, learned Government Advocate and Mr.A.Golly, learned counsel for the respondents, in the cause list.
Copy of this order be furnished to learned counsel for the parties, in course of the day.