IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.30259/2019 (GM – RES) BETWEEN:
M/S SAI SUDHIR INFRASTRUCTURES LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS CORPORATE OFFICE AT NO.30, G .P. ELITE, 8-2-283/4, ROAD NO.14, BANJARA HILLS, HYDERABAD. BEING REPRESENTED BY ITS AUTHORIZED PERSON MR. HARI KRISHNA.
...PETITIONER (BY SMT. ANNU BHARDWAJ, ADVOCATE FOR SRI. HARIKRISHNA.S HOLLA, ADVOCATE) AND:
1. THE CHIEF ENGINEER, PANCHAYATH RAJ ENGINEERING DIVISION (PRED), BANGALORE – 560 001. KARNATAKA.
2. THE SUPERINTENDING ENGINEER, PANCHAYATH RAJ ENGINEERING DEPARTMENT, FORT BELUGAUM – 590 001.
3. THE EXECUTIVE ENGINEER, PANCHAYATH RAJ ENGINEERING DIVISION, BAGALKOT DIVISION, BAGALKOT DISTRICT.
…RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT IN ACCORDANCE WITH CLASS 29 OF THE TERMS AND CONDITIONS OF THE CONTRACT AGREEMENT DATED 25.3.2008 [ANNEXURE - B] ENTERED INTO BETWEEN THE RESPONDENT AND THE PETITIONER AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Ms. Annu Bhardwaj, learned Counsel for petitioner.
Ms. Prathima Honnapura, learned Additional Government Advocate for respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. This writ petition under Article 226 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing the respondents to adjudicate the dispute between the parties in accordance with clause 29 of the terms and conditions of the contract dated 25.03.2008.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner was awarded with contract for construction of intake well, construction of RCC Jack well, installation of different heads of pumps, electrification testing and commissioning of the water supply work for multi villages rural water scheme, Islampur and 60 other villages of Hungund taluk. The petitioner had entered into an agreement with the respondents on 25.03.2008. Disputes have arisen between the parties and clause 29 of the contract provides for adjudication of the dispute in the manner provided therein. However, respondents have not taken any steps for adjudication of the dispute.
4. On the other hand, learned Additional Government Advocate fairly submitted that requisite steps in terms of clause 29 of the contract for adjudication of dispute will be taken.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to the respondents to take action in terms of clause 29 of the contract within a period of two months from today.
Accordingly, the petition is disposed of.
Sd/- JUDGE ln.