GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:
1. Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. A. Gautam, learned counsel for the petitioner. Also heard Mr. G. Goswami, learned Standing Counsel, N.F. Railway and Mr. A. K. Dutta, learned Central Government Standing Counsel for the respondents.
2. By filing this writ petition, the petitioner has put to challenge the notice dated 09.04.2025, issued by the respondent No. 3, Chief Engineer/CON, Northeast Frontier Railway (Construction), Guwahati, proposing termination of the contract dated 07.04.2025; the termination notice dated 05.05.2025, whereby the said contract agreement dated 07.04.2025 has been terminated; and also for a direction to allow the petitioner to continue the execution of work allotted under the contract agreement dated 07.04.2025, pursuant to NIT (RFP) dated 27.06.2024 for development of Sairang Railway Station on Engineering, Procurement and Construction ('EPC', for short) mode.
3. The petitioner is a Joint Venture having its Office at Gurgaon, Haryana, constituted between M/s COMT Constructions Private Limited, having its registered Office at Vani Vihar, Uttam Nagar, New Delhi, and M/s S.K. Construction, having its Office at Imphal, Manipur. It is registered under the Partnership act, 1932. The constituent partners, M/s COMT Constructions Private Limited and M/s S. K. Construction, jointly participated in the tender process undertaken by the respondent No. 3 for the development of Sairang Railway Station, Mizoram on EPC mode.
4. A Notice Inviting Tender (NIT) (RFP) dated 27.06.2024 was issued for the contract of undertaking the development of Sairang Railway Station on EPC mode with a tender value of Rs. 76,37,76,009.67/- (Rupees seventy six crore thirty seven lakhs seventy six thousand nine and sixty seven paise) only, which was uploaded on 28.06.2024. The petitioner participated in the tender process, which followed a Single-Stage Two-Packet System comprising of Technical and Financial Bid. The bid submitted by the petitioner, along with the rates offered, was found to be the most suitable, whereupon a Letter of Acceptance (LoA) dated 06.11.2024 was issued in its favour, selecting it to undertake the project. The total cost of the project at the accepted rates was Rs. 71,79,49,448.81/- (Rupees seventy one crore seventy nine lakh forty nine thousand four hundred forty eight and eighty one paise) only.
5. The LoA stipulates that the entire work shall be completed within 730 days from the appointed date, as per Article 26.1 of EPC Agreement Document, and authorized the petitioner to commence the work to ensure timely completion of the work as per the terms of the tender documents. Pursuant to the issuance of the LoA, the petitioner submitted a Bank Guarantee dated 28.11.2024 for Rs. 3,58,97,472.44/- (Rupees three crores fifty eight lakhs ninety seven thousand four hundred seventy two and forty four paise) only as Performance Security. It is contended that the petitioner commenced the work at the project site even prior to execution of the contract agreement with the respondent authorities.
6. The petitioner submitted an Earnest Money Deposit of Rs. 38,18,900/- (Rupees thirty lakhs eighteen thousand nine hundred) only, along with the Bank Guarantee, which amounting to a total of Rs. 3,97,16,372.44/- (Rupees three crore ninety seven lakh sixteen thousand three hundred seventy two and forty four paise) only. Considering the urgency expressed by the respondents, the petitioner immediately started mobilizing its machinery, equipment and manpower at the project site for execution of the work and procured raw materials as per the project requirements.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5bajHaK%2F3SUtHA8W4e7Jf7zJzdEmPoJ8s1lBDBQ2bPv&caseno=WP(C)/2689/2025&cCode=1&cino=GAHC010106212025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
