Court No. - 39
Case :- WRIT - C No. - 12359 of 2021 Petitioner :- M/S Shree Paramhans Builders Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Narendra Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
By means of present petition, the petitioner has challenged the order dated 10.02.2021 issued by respondent no. 6 whereby the contract for the work-in-question has been cancelled on the ground that despite final two notices given to the petitioner, he has failed to get the agreement executed.
It is submitted by the learned counsel for the petitioner that the order dated 10.02.2021 is an ante-dated order, inasmuch as, the date fixed therein for appearance of the petitioner was 22.02.2021(for the purpose of settlement of the dues), whereas the said order had been dispatched on 27.03.2021 which is clear from the tracking number of the consignment-in-question.
It is then submitted that the petitioner has filed a writ petition No.9826 of 2021 on 15.03.2021 raising a challenge with regard to the demand of additional performance security for execution of the contract wherein, the interim order dated 13.07.2021 had been passed.
It is admitted that the cancellation order dated 10.02.2021 had been served upon the petitioner in the month of April, 2021. We do not appreciate the action of the petitioner in not challenging the said order in the previous writ petition, which is still pending before this Court.
Having perused the order dated 13.07.2021, we find that the appropriate remedy for the petitioner is to seek an amendment in the pending writ petition in case of any dispute relating to the order of cancellation of the contract.
The present writ petition cannot be entertained and hence, dismissed.
Order Date :- 19.8.2021 Meenu