IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51308/2019(GM-TEN) BETWEEN:
M/S ZUBERI ENGINEERING COMPANY HEAD OFFICE 204, ANUKAMPA-1, OPPOSITE RAYMOND’S SHOWROOM, M.I. ROAD, JAIPUR 302 001. RAJASTHAN, INDIA, (REPRESENTED BY ITS DIRECTOR) TECHNICAL & LEGAL & GPA HOLDER MR. ZAMIN HUSSAIN.
...PETITIONER (BY SRI RAJENDRA KUMAR SUNGAY T. P., ADVOCATE) AND:
1 . BHARAT HEAVY ELECTRICALS LTD (A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS REGISTERED OFFICE AT BHEL HOUSE SIR FORT, NEW DELHI 110 043.
REP. BY ITS EXECUTIVE DIRECTOR ISG, BANGALORE.
2 . BHEL-INDUSTRIAL SYSTEMS GROUPS PROF. CNR RAO CIRCLE, OPP. IISC, MALLESHWARAM, BENGALURU 560 012 REP. BY ITS GENERAL MANAGER (ISG).
3 . BHEL-THERMAL POWER PLANT SITE-SURATHGARH SRIGANGANAGAR, DISTRICT RAJASTHAN STATE PIN 335 804.
REP BY RESIDENT MANAGER …RESPONDENTS (BY MS. VISHRUTI VIJAY, ADVOCATE FOR SRI GANAPATHI HEGDE, ADVOCATE FOR C/R1 AND R2) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER THE LETTERS No.628 DATED 14.9.2019 No.765 DATED 12.10.2019 No.853 DATED 2.11.2019 (AS PER ANNEXURE-Z,Z1 AND AB) AND RELIQUISH THE PETITIONER FROM THE WORK ENTRUSTED TO THEM VIDE WORK ORDER No.88/14/0023/MVG DATED 2.1.2015 (VIDE ANNEXURE- C1) BY SHORT CLOSING THE CONTRACT OF THE PROJECT AS HAS BEEN DONE VIDE LETTER DATED 24.1.2017(ANNEXURE AC) ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has filed the present writ petition for the following reliefs:
i) Issue a Writ in the Nature of Mandamus directing the Respondents 1 & 2 to consider the letters bearing No.628, dated 14.09.2019, No.765 dated 12.10.2019, No.853 dated 02.11.2019 (as per Annexures-Z,Z1 and AB) and relinquish the petitioner firm from the work entrusted to them vide work order No.88/14/0023/MVG dated 02.01.2015 (vide Annexure-C1) by short closing the contract of the project as has been done vide letter dated 24.01.2017 (Annexure AC) and;
ii) Issue a writ in nature of mandamus directing the respondents to settle all the pending outstanding bills including over run charges bill (ORC) submitted by the petitioner forthwith and;
iii) Direct the respondents to close all 3 bank guarantees bearing No.309701G0000815 for a sum of Rs.2,25,41,172/-, No.309701G0001017 for a sum of Rs. 2,25,41,172/- and No.309701G0000318 for a sum of Rs.1,22,86,062/-, drawn on Union Bank of India, Jaipur, and also refund the Security Deposit amount of Rs,4,51,00,000/- furnished by the petitioner forthwith and;
2. Learned counsel for the parties have filed joint memo today in the open Court stating that the matter is settled out of Court.
3. The joint memo dated 16.12.2019 is placed on record and it reads as under:
JOINT MEMO FOR DISPOSAL The petitioner & respondents jointly submit as follows;
1. The petitioner has filed the above petition on 13.11.2019, seeking the following reliefs against the respondents;
i) Issue a Writ in the Nature of Mandamus directing the Respondents 1 & 2 to consider the letters bearing No.628, dated 14.09.2019, No.765 dated 12.10.2019, No.853 dated 02.11.2019 (as per Annexures-Z,Z1 and AB) and relinquish the petitioner firm from the work entrusted to them vide work order No.88/14/0023/MVG dated 02.01.2015 (vide Annexure-C1) by short closing the contract of the project as has been done vide letter dated 24.01.2017 (Annexure AC) and;
ii) Issue a writ in nature of mandamus directing the respondents to settle all the pending outstanding bills including over run charges bill (ORC) submitted by the petitioner forthwith and;
iii) Direct the respondents to close all 3 bank guarantees bearing No.309701G0000815 for a sum of Rs.2,25,41,172/-, No.309701G0001017 for a sum of Rs. 2,25,41,172/- and No.309701G0000318 for a sum of Rs.1,22,86,062/-, drawn on Union Bank of India, Jaipur, and also refund the Security Deposit amount of Rs.4,51,00,000/- furnished by the petitioner forthwith and;
2. The above petition was listed before this Hon’ble Court for Preliminary Hearing on 27.11.2019 and in the meantime the Respondents vide letter dated 22.11.2019 has terminated the work order Nos. 88/14/0023 MVG dated 02.01.2015 & 88/17/0074/SK dated 19.02.2018, in respect of 2 x 660 MW Suratgarh Super Critical Thermal Power Station Stage V, Unit 7 & 8, Suratgarh, Rajasthan and also encashed the 3 bank guarantees on 25.11.2019, provided by the Petitioner in favour of the Respondents.
3. On 27.11.2019 this Hon’ble Court after hearing the parties has adjourned the matter for a period of 2 weeks to enable the respondents to file objections to the above petition as the Respondents had entered Caveat.
4. It is submitted that, in the meantime there was a meeting held amongst the representatives of Petitioner and the Respondent Company on 4.12.2019 & 5.12.2019 at Bangalore in which a settlement has been arrived at by both the parties by which the Respondents have agreed to withdraw the order of termination and shall issue restoration of the contract as per the terms and conditions mentioned in the Minutes of Meeting held on 04/05.12.2019 by which the time schedule has been fixed for completion of the project which has been duly agreed and signed by the representatives of both petitioner and as well as respondent Company vide Minutes of Meeting dated 05.12.2019, a copy of which is enclosed along with this memo. In view of the settlement arrived at by the parties after filing of the above petition, in terms of the enclosed Minutes of Meeting, the Petitioner hereby withdraws the above writ petition for which the Respondents have no objection. Hence this Joint Memo by the parties for disposal of the above petition as withdrawn.
WHEREFORE, the parties above named prays that this Hon’ble Court be pleased to dispose of the above writ petition as settled out of Court in terms of enclosed Minutes of Meeting dated 05.12.2019 held at Bangalore, which has been signed by both the parties by treating the same as part of this order, in the interest of justice and equity.
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Advocate for the Petitioner Petitioner (T.P. Rajendra Kumar Sungay) Rep. by its Director- Technical & Legal & GPA Holder Mr. Zamin Hussain.
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Advocate for Respondents Sd/-
M/s Dua Associates) Respondents Rep. by its Authorised signatory (R. Babu) (AGM (MM), BHEL/SSG Bangalore. Date:16.12.2019 4. Learned counsel for the parties submit that the matter is settled out of Court in terms of the joint memo and seeks for disposal of the writ petition in terms of the joint memo. The joint memo is duly signed by both the parties as well as their respective counsel.
In view of the above, the writ petition is disposed off in terms of the joint memo as settled out of Court.
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JUDGE Gss/-