The High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a appropriate writ or order or direction more particularly one in the nature of the writ of Mandamus or any other appropriate writ declaring the impugned Termination order vide No. ENGG/T-202324-2-064100841040089151 dated 02.06.2025 issued by the 3rd Respondent under clause 62 of the General conditions of contract, as illegal, arbitrary, disproportionate, and vitiated by non- application of mind, and violative of Articles 14 and 19(1)(g) of the constitution of lndia, and consequently, to direct the Respondents to permit the Petitioner to complete the balance works under Contract Agreement No' 1 I I i i i I i I ! i I I I I I l ! i I i I I l I SCR/NED/civiv2023loo44 dated 28.12.2023, within the mutually extended time period as per Clause 17A(ii) of the GCC. lA NO: 1 OF 2025 Petition under liection 151 cPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may b,: pleased to pass an interim order restraining the Respondents from giving effect to the impugned Termination order vide No. ENGG/T-202324-2-064100841040089151 dated 02.06.2025 and from initiating any consequential or coercive actions, including but not limited to floating of fresh tenders, or invoking or encashing the Petitioner's performance bank guarantee No. 02B02lGL 0OO4B23 dated 16.10.2023 and secur ty deposit, pending disposal of the present writ petition or, in the alternative, unti disposal of the Petitioner's pending Arbitration o.p. No. 4 ot 2025 on the iile of the Hon'ble XXVII Addl. Chief Judge Court at Secunderabad, in the interest of justice, equity, and to prevent irreparable injury to the Petitioner. lA NO: 2 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased pleased to permit the oetitioner to file the additional affidavit / arlditional material papers and take on record the additional material papers annex,:d herewith, and to treat them as part of the record in w.p. No. '16203 of 202s and fu(her to pass such other order or orders. Counsel for the Petitioner : SMT.GAYATHRI counse'f ortheRespon'"""'i$.i5iffijffi?ll'*r,^-, The Court made the following: ORDER -*r THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.162O3 of 2o25 ORDER: Heard Smt.Gayathri, learned counsel for the petitioner and Smt.N.V.R. Rajya Lakshmi, learned Standing Counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondents. With their consent, the writ petition is being taken up for disposal at the admission stage itself. Perused the record.

2. This writ petition is filed aggrieveci by the impugned termination order bearing No.ENGG/T-202324-2-064/ OO84 1O4OOB9 1 5 1 dated 02.06 .2025 issued by the respondent No.3 under Clause 62 of tlne General Condition of Contract with a consequential prayer to direct the respondents to permit the petitioner to complete the balance work under Contract Agreement dated 28.12.2023' NVSI(,J' W l'.No.I6203 of 2025 q 2

3. A perrrsal of the record would reveal that before filing of the present Writ Petition the petitioner has filed an Arbitration l.P.No.O4 of 2025 before the I Additional Chief Judge, City Civil Courts, Secunderabad, under Section 9 of Arbitration and Conciliation Act, 1996 read .,vith Section 151 of C.P.()., seeking for stay of operation of termination notice dirterl 02.06.2025 terminating the contract dated 2A.12.2O2.3. Accordingly, in the present V/rit petition I.A.No.O 1 cl 2025 has been filed by th,: petitioner restraining lhe respondents from giving elfect to the impugned t,:rmination orcler dated 02.06.2025 and lrom initiating aL:)' consequential or coercive actior-rs, including but not lirnited to floating of fresh tenders, or invoking or encashing the petitioner's performance banll guarantee bearing Nc.O2B02IGLOOO4B23 dated 16.I1-.2023 and security deposit, pending disposal of the present Writ Petition.

4. Learne,l Starlding Counsel appearing lor respondents has placed rra-itten instructions issued by respondent Nos.2 NVSK,J W. P.No. 16203 of 2O25 J to 4 stating that the petitioner was awarded contract on

76.10.2023 with a due date of completion on 16'07'2024 i.e., nine (9) months. It is further submitted that the petitioner has completed only to an extent of 38'887o work and to that 5 CC Bills to a tune of Rs.3,31,74,517/- l:,as been passed. Learned Standing Counsel further submitted that the prayer sought in the Arbitration O.P'No 04 of 2025 and the prayer sought in the present Writ Petition are one and the same and since the petitioner had already hied Arbitration O.P.No.O4 of 2O25 the present Writ Petition is not maintainable and no parallel' proceedings can be maintained.

5. Learned counsel appearing for the petitioner filed the case status of pending OP along with the material papers in the present Writ Petition and as per the said . case status o.P.No.o4 of 2025 is posted to 25.07.2025. Learned counsel appearing for the petitioner submitted that at the time of hling of the said OP, no interim application has been filed and as .theY are taking steps to frle an , i- N\iSK,J W.l'.No.16203 of 2025 EF... \E 4 interiocutor.,. application in the said O.p. ard that the respondents are going ahead to en-cash the Bank Guarantee and pray this Court to grant proteclion titl fi1ing of interlocutory application in pending O.p.No.04 of 2025.

6. Recordir-rg the submissions of learncd counsel for the parties and rvithout going ir-rto the merits of the case, this Writ Petition is disposed of granting liberty to ;,hs ps1i11.... to fi1e an Intcrlocutory Application seeking app:-opriate relief on or before 25.O7.2025 irr the pending O.p.No.O4 of 2025 and as on tl-at date respondents are dirccted nlt to en-cash the Bank Cuarantee bearing iV;.OZAOZICLO0II4S23 datecl 76.10.2023\, if not already en-cashed. However, it is made clear that th s orders would subsists only rrp t<t 25.07.2025. There sha1l be no order as to costs. Miscelliureous applications, if any pending, sha1l stand closed. oT S //TRUE COPYII 1 The General lla1qgqr, South Centrat Railway - D/-N.CHANDR,A SEKHAR RAO J -, \ _oeeL,TY REGIsTRAR / \' \i sE,lroNoFFrcER , Rbil Nilayam, Union of lndia, ., -_L Secunderabad - 500003. The Divislrnal Railw€y Manager (Works), South Central Railvvay, Nanded Llivision. Rail Vikas Sadan Sangvi Naka, Airport Road, Nanded'_ +Sf OOS, l\/aharashtra. ffi",:":Jf,tB[';]"i5,iitE:"."iJ:f :{x'l6Jiil,}::}fi 3[.HsJri,,$:r#y:* 431605, Maharashtra. \ 2 3 -w7"': / 4 The Senior Divisional Finance [Manager' South Central Railwav' Nanded Dil:;-i:'Rril Vltai saoan, U"s' N;k;' Aiifort Road' Nanded - 431605' Ivlaharashtra.

5. One CC to SMT.GAYATHRI, Advocate [OPUCI " HffiE;J;6iir,Z stri" oiiEr'ng'n' attloeiaoao' loPUCl 6.onecctosRlGAD|PRAVEENKUMAR,(DeputysolicitorGeneraloflndia)', 7. Two CD CoPies eBSK HIGH COURT DATED:0810712025 CC TODAY f ORDER WP.No.I6203 of 2025 C /, <\ i) i-_\ I I i: i-r'i:liir* '' C+\'.r i\ i\q\ Jrlr- 21;15 Ej) ..i' ;/ ,':'-'r'.r' DISPOSING OF THE WRIT PETITION WITHOUT COSTS o