National Projects Construction Corporation Ltd vs Jharkhand Police Housing Corporation Limited, Ranchi And Others

Dr. S. N. Pathak, J

I.A. No. 5711 of 2021 has been filed for stay of implementation and execution of letter no. 302, dated 20.09.2021, issued by the respondent no. 3, during pendency of the writ application, with further orders for restraining the respondents from taking any coercive measure against the petitioner including revocation of Bank Guarantee deposited by the petitioner. Petitioner has further prayed for restraining the respondents from creating third party right pursuant to letter dated 20.09.2021 till disposal of writ petition.

Heard Mr. Sumeet Gadodia, learned counsel appearing for the petitioner and Mr. Indranil Bhaduri, learned counsel appearing on behalf of the respondents.

Petitioner has been able to make out prima-facie case in his favour. It appears that almost 25% of the work has already been completed and further they are in the process of completion of work. Balance of convenience lies in favour of the petitioner. The only ground as argued by the learned counsel for the respondents is of delay. The appointed date of start of work was notified as 19.09.2018 and intended date of completion of work was 18.09.2020.

Mr. Sumeet Gadodia, learned counsel vociferously argues that other than ground of pandemic comes in the way of completion of construction, several other grounds have been mentioned in the writ petition including non-availability of vacant possession of site to start construction.

After hearing parties at length, this Court is of the considered opinion that it is a fit case in which the Court should interfere in impugned order and pass order of stay. Admittedly balance of convenience lies in favour of the petitioner.

In the circumstances, operation, implementation and execution of letter no. 302, dated 20.09.2021, issued by the respondent no. 3, shall remain stayed.

I.A. No. 5711 of 2021 stands allowed.

W.P.(C) No. 3973 of 2021

Respondents are directed to file counter affidavit.

Put up this case in 1st week of December, 2021.