Kerala High Court
Rds Project Ltd vs Indian Institute Of Science Of ... on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 17855 OF 2021
PETITIONER:
M/S.RDS PROJECT LTD
HEAD OFFICE : 427, SOMDUTT CHAMBERS - II, 9, BHIKAJI
CAMA PLACE, NEW DELHI - 110066., REGIONAL OFFICE AT
SHIHAB THANGAL ROAD, PANAMPILLY NAGAR, KOCHI - 682 019,
REPRESENTED BY ITS ASSOCIATE DIRECTOR, MR. AMIT
VARGHESE JOSEPH, AGED 30 YEARS, S/O. DR. JOSEPH
VARGHESE.
BY ADVS.
DEEPU THANKAN
LAKSHMI SREEDHAR
UMMUL FIDA
RESPONDENTS:
1 INDIAN INSTITUTE OF SCIENCE
EDUCATION AND RESEARCH, (IISER)
MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551,
REPRESENTED BY ITS REGISTRAR.
2 THE DIRECTOR
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,
MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
3 ENGINEER-IN-CHARGE
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,
MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
4 REGISTRAR
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,
MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
5 SUPERINTENDING ENGINEER
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH,
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
2
MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
BY ADV. MILLU DANDAPANI
SENIOR ADVOCATE SMT.SUMATHI DANDAPANI FOR
RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2022, ALONG WITH WP(C).5922/2021,
17708/2021 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 5922 OF 2021
PETITIONER:
M/S.RDS PROJECT LTD.
HEAD OFFICE 427, SOMDUTT CHAMBERS-II, 9,
BHIKAJI CAMA PLACE, NEW DELHI-110066,
REGIONAL OFFICE AT SHIHAB THANGAL ROAD,
PANAMPILLY NAGAR, KOCHI-682019, REPRESENTED
BY ITS ASSOCIATE DIRECTOR, MR. AMIT
VARGHESE JOSEPH, AGED 30 YEARS, S/O.
DR.JOSEPH VARGHESE.
BY ADVS.
DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
RESPONDENTS:
1 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH(IISER), MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM-695 551, REPRESENTED BY
ITS REGISTRAR.
2 THE DIRECTOR,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM-695 551.
3 ENGINEER-IN-CHARGE,
INDIAN INSTITUTE OF SCIENCE OF EDUCATION
AND RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM-695551
BY ADVS.
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
4
SRI.MILLU DANDAPANI
SMT.SUMATHY DANDAPANI (SENIOR)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2022, ALONG WITH WP(C).17855/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 17708 OF 2021
PETITIONER:
M/S.RDS PROJECTS LTD.
HEAD OFFICE:427, SOMDUTT CHAMBERS-II, 9,
BHIKAJI CAMA PLACE, NEW DELHI 110 066
REGIONAL OFFICE AT SHIHAB THANGAL ROAD,
PANAMPILLY NAGAR, KOCHI 682 019, REP.BY ITS
ASSOCIATE DIRECTOR, MR. AMIT VARGHESE
JOSEPH, AGED 30 YEARS, S/O.DR. JOSEPH
VARGHESE.
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
RESPONDENTS:
1 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH (IISER), MARUTHUMALA P.O.,
VITHURA, THIRUVANANTHAPURAM 695 551,
REPRESENTED BY ITS REGISTRAR
2 THE DIRECTOR
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM 695 551
3 ENGINEER-IN-CHARGE
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM 695 551
4 ADDL.R4: CYNOSURE ELECTRIC COMPANY
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
6
PVT.LTD., REPRESENTED BY JAYAKUMAR.N,
MANAGING DIRECTOR,
AMRUTHAM, Sexth1, 9/0273,
THAMARAKULAM LANE, SANKAR ROAD,
SASTHAMANGALAM,
THIRUVANANTHAPURAM - 695 010
5 ADDL.R5: JAYAKUMAR.N
MANAGING DIRECTOR,
CYNOSURE ELECTRIC COMPANY PVT.LTD.,
REPRESENTED BY JAYAKUMAR.N,
MANAGING DIRECTOR,
AMRUTHAM, Sexth1, 9/0273,
THAMARAKULAM LANE, SANKAR ROAD,
SASTHAMANGALAM,
THIRUVANANTHAPURAM - 695 010
(ADDL.R4 & R5 IMPLEADED AS PER ORDER DATED
18.02.2022 IN I.A.NO.1/2022)
BY ADVS.
SUMATHY DANDAPANI (SR.)
S.K.ADHITHYAN
MILLU DANDAPANI
KEERTHI S. JYOTHI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2022, ALONG WITH WP(C).17855/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 18219 OF 2021
PETITIONER:
M/S.RDS PROJECTS LTD.,
HEAD OFFICE 427, SOMDUTT CHAMBERS-II 9,
BHIKAJI CAMA PLACE, NEW DELHI - 110 066,
REGIONAL OFFICE AT SHIHAB THANGAL ROAD,
PANAMPILLY NAGAR, KOCHI - 682 019
REPRESENTED BY ITS ASSOCIATE DIRECTOR,
MR.AMIT VARGHESE JOSEPH, AGED 30 YEARS,
S/O.DR.JOSEPH VARGHESE.
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
RAJANANDHINI
RESPONDENTS:
1 INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH (IISER)
MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551 REPRESENTED BY
ITS REGISTRAR.
2 THE DIRECTOR,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
3 ENGINEER-IN-CHARGE
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
8
THIRUVANANTHAPURAM - 695 551.
4 REGISTRAR
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
5 SUPERINTENDING ENGINEER
INDIAN INSTITUTE OF SCIENCE EDUCATION AND
RESEARCH, MARUTHUMALA P.O., VITHURA,
THIRUVANANTHAPURAM - 695 551.
BY ADVS.
SMT.SUMATHY DANDAPANI (SENIOR)
SRI.MILLU DANDAPANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2022, ALONG WITH WP(C).17855/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
9
P.V.KUNHIKRISHNAN, J
--------------------------------------
WP(C) Nos.17855, 5922, 17708
and 18219 of 2021
--------------------------------------
Dated this the 18th day of February, 2022
JUDGMENT
These four writ petitions are filed by M/s.RDS
Project Limited. All these cases are connected and
therefore I am disposing these writ petitions by a
common judgment.
2. In these writ petitions the main relief
prayed by the petitioner is regarding the payment of
bill amount for the work carried out by the petitioner.
It will be better to extract the prayers in these writ
petitions. The prayers in W.P.(C)No.5922/2021 is
extracted hereunder:
"(i) issue a writ of certiorari or any other
appropriate writ or order, calling for the records
leading to Exhibit P-12 and quash the same.
(ii) issue a writ of mandamus or any other
writ or order or direction directing the respondents
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
to effect the payment of Exhibit P-7, 33 rd Running
Account Bill forthwith;
(iii) issue a writ of mandamus or any other
writ or order or direction declaring that the
petitioner is not liable to renew the bank
guarantee as demanded by the respondents after
the expiry of the maintenance period
and
(iv) pass such other orders as this Hon'ble
Court deems, fit, proper and necessary in the
circumstances of the case."[SIC]
3. W.P.(C)No.17855/2021 is filed challenging
Ext.P21 show cause notice. The prayers in W.P.
(C)No.17855/2021 is extracted hereunder:
"(i) issue a writ of certiorari calling for the
records leading to Exhibit P-21 & P-17 and quash
the same;
(ii) issue a writ of mandamus or any other
writ or order declaring that the respondent has no
authority to extend the validity of the contract
without a request from the petitioner as per the
terms of the contract;
(iii) Issue a writ of mandamus or any other
writ or order declaring that the fourth respondent
has no authority to issue show cause notice under
clause 16 of the conditions of the contract with
respect to the works of the Construction of Hostel
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
Blocks and Central Dining Hall for Indian Institute
of Science of Education and Research (IISER),
after the completion of the recorded in Exhibit P-5
and expiry of the maintenance period; and
(iv) pass such other orders as this Hon'ble
Court deems, fit, proper and necessary in the
circumstances of the case." [SIC]
4. The prayers in W.P.(C)No.17708/2021 is
extracted hereunder:
"(i) issue a writ of mandamus or any other
writ or order or direction directing the
respondents to effect the payment of Exhibit P-6,
Final bill and Exhibit P-7 & P-8 Escalation bills with
respect of the work covered by Exhibit P1 NIT,
forthwith;
(ii) issue a writ of mandamus declaring that
the respondents cannot withhold the payments of
the final bills stating the reason that the
completion certificate are not issued in terms of
the contract with respect to the works of the
Construction of Hostel Blocks of Central Dining
Hall for Indian Institute of Science, Education and
Research (IISER) campus at Vithura,
Thiruvananthapuram; and
(iii) pass such other orders as this Hon'ble
Court deems, fit, proper and necessary in the
circumstances of the case." [SIC]
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
5. W.P.(C)No.18219/2021 is filed challenging
the second show cause notice which is produced as
Ext.P24. The prayers in W.P.(C)No.18219/2021 is
also extracted hereunder:
"(i) Issue a writ of certiorari calling for the
records leading to Exhibit P-24 and quash the
same;
(ii) Issue a writ of mandamus or any other
writ or order declaring that the fourth respondent
has no authority to issue show cause notice under
clause 3 of the General Conditions of the Contract
with respect to the works of the Construction of
Hostel Blocks and Central Dining Hall for Indian
Institute of Science Education and Research
(IISER), after the completion of the recorded in
exhibit P-5 and expiry of the maintenance period;
and
(iii) pass such other orders as this Hon'ble
Court deems, fit, proper and
necessary in the circumstances of the case." [SIC]
6. When these writ petitions came up for
consideration, the learned Senior counsel
Smt.Sumathi Dandapani appearing for the
respondents submitted that, if the petitioner has got
any grievance, the petitioner can approach the
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
Disputes Redressal Forum as per Clause 25 of Ext.P4
in W.P.(C)No.18219/2021. Clause 25 says about the
settlement of disputes and arbitration.
7. Today when the matter came up for
consideration, the learned counsel appearing for the
petitioner submitted that the petitioner submitted an
application in tune with Clause 25 of Ext.P4 as
evident by Ext.P26. The counsel submitted that, in
the light of Ext.P26, these writ petitions can be
closed referring the matter to the authority
concerned as per Clause 25 of Ext.P4. The counsel
also submitted that till then the show cause notice
issued to the petitioner may be kept in abeyance.
8. On the other hand, the learned Senior
counsel seriously opposed the 2 nd prayer. The Senior
counsel submitted that the petitioner violated the
terms of the contract and the prayer in Ext.P26 is
only to release the bill amount and there is no other
prayers in Ext.P26. Hence it is submitted that the
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
respondents are free to proceed with Ext.P24.
9. I considered the contentions of the
petitioner and the respondents. I perused Ext.P24
and P26. Ext.P26 is the letter submitted by the
petitioner to the 2nd respondent for settlement of
disputes. Ext.P24 is only a show cause notice. The
petitioner can submit explanation to the show cause
notice and it will definitely take some time to
conclude the proceedings based on Ext.P24. In the
meanwhile, there can be a direction to the authority
concerned to dispose of Ext.P26, within a time frame.
As per the terms of the contract itself, Ext.P26 is to
be disposed of within 30 days. If that is the case,
this Court can direct the authority concerned to
consider Ext.P26 within 30 days and in the
meanwhile the petitioner can submit reply to the
show cause notice. Any decision based on the show
cause notice will be subject to the decision in
Ext.P26.
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
Therefore, these writ petitions are disposed of in
the following manner:
i. The competent authority among the respondents
will dispose of Ext.P26, as expeditiously as possible,
at any rate, within 30 days from the date of receipt
of a copy of this judgment.
ii. The petitioner is free to submit the explanation to
the show cause notice issued and any decision
based on those show cause notice will be subject to
the final decision in Ext.P26.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
APPENDIX OF WP(C) 5922/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING
TENDER DATED 30.6.2014.
EXHIBIT P2 TRUE COPY OF THE WORK ORDER ISSUED
BY THE FIRST RESPONDENT DATED
24.4.2015.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED
27.4.2015.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED
BY THE THIRD RESPONDENT DATED
2.3.2020.
EXHIBIT P5 TRUE COPY OF THE PERFORMANCE
CERTIFICATE ISSUED BY THE
SUPERINTENDING ENGINEER OF THE
FIRST RESPONDENT DATED 19.1.2021.
EXHIBIT P6 TRUE COPY OF THE REQUEST MADE BY
THE PETITIONER BEFORE THE DIRECTOR
OF THE IISER DATED 31.7.2020.
EXHIBIT P7 TRUE COPY OF THE LETTER ATTACHING
THE 33RD RUNNING ACCOUNT BILL DATED
2.1.2020.
EXHIBIT P8 TRUE COPY OF THE LETTER ATTACHING
THE FINAL BILL DATED 5.11.2020.
EXHIBIT P9 TRUE COPY OF THE EMAIL
COMMUNICATION DATED 29.7.2020.
EXHIBIT P10 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 10.2.2021.
EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY
THE PETITIONER DATED 12.2.2021.
EXHIBIT P12 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 24.2.2021.
EXHIBIT P13 TRUE COPY OF THE REPLY TO THE THIRD
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
RESPONDENT DATED 25.2.2021.
EXHIBIT P14 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 26.2.2021.
EXHIBIT P15 TRUE COPY OF THE REPLY BY THE
PETITIONER TO THE THIRD RESPONDENT
DATED 1.3.2021.
EXHIBIT P16 TRUE COPY OF THE MEMORANDUM OF
PAYMENT IS RAR DATED 8.1.2020.
RESPONDENTS EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE RELEVANT PAGES OF
CONDITION OF CONTRACT DEALING WITH
DEFINITION.
EXHIBIT R3(B) TRUE COPY OF RELEVANT PORTION OF
CLAUSE 8 WHICH DEALS WITH
COMPLETION CERTIFICATE AND
COMPLETION PLANS.
EXHIBIT R3(C) TRUE COPY OF RELEVANT PORTION OF
CLAUSE 9 - PAYMENT OF FINAL BILL,
CLAUSE 9A - PAYMENT OF CONTRACTOR'S
BILL TO BANK.
EXHIBIT R3(D) TRUE COPY OF RELEVANT PAGES OF
EXTRACT OF CLAUSE 17.
EXHIBIT R3(E) TRUE COPY OF RELEVANT EXTRACT IF
34(B) UNDER SPECIAL CONDITIONS OF
CONTRACT.
EXHIBIT R3(F) TRUE COPY OF FORMAT OF COMPLETION
CERTIFICATE.
EXHIBIT R3(G) TRUE COPY OF E-MAIL DATED 2.3.2020
SENT TO THE 3RD RESPONDENT BY THE
PETITIONER.
EXHIBIT R3(H) TRUE COPY OF PERFORMANCE
CERTIFICATE ISSUED BY
SUPERINTENDING ENGINEER DATED
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
19.01.2021.
EXHIBIT R3(I) TRUE COPY OF COMMUNICATION FROM
LT.COL NAIR FOR ISSUING CERTIFICATE
IN THE FORMAT ATTACHED.
EXHIBIT R3(J) TRUE COPY OF 18 GATE PASSES ISSUED
IN DIFFERENT DATES IN THE YEAR
2019-2021.
EXHIBIT R3(K) TRUE COPY OF THE RELEVANT PAGES OF
FULL TEXT OF CLAUSE 25.
EXHIBIT R3(L) TRUE COPY OF LETTER DATED
08.07.2020 ISSUED BY 3RD RESPONDENT
TO THE PETITIONER.
EXHIBIT R3(M) TRUE COPY OF LETTER DATED
16.07.2020 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER.
EXHIBIT R3(N) TRUE COPY OF THE LETTER
NO.RDS/TVM/IISER/PH-II DATED
07.08.2020 ISSUED BY THE PETITIONER
TO THE 3RD RESPONDENT.
EXHIBIT R3(O) TRUE COPY OF LETTER
NO.RDS/TVM/IISER/PH-II DATED
27.08.2020 SAID BY THE PETITIONER
TO THE 3RD RESPONDENT.
EXHIBIT R3(P) TRUE COPY OF LETTER
NO.IISER/T/W(C)/322/14-15 DATED
16.02.2021 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER.
EXHIBIT R3(Q) TRUE COPY OF LETTER
NO.RDS/TVM/IISER/PH-II THAT HAS
BEEN GIVEN ON 19.02.2021 BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT R3(R) TRUE COPY OF LETTER DATED NIL
SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT.
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
APPENDIX OF WP(C) 17708/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING
TENDER DATED 30/6/2014
EXHIBIT P2 TRUE COPY OF THE WORK ORDER ISSUED
BY THE FIRST RESPONDENT DATED
24.4.2015
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED
27.4.2015
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED
BY THE THIRD RESPONDENT DATED
1/1/2020
EXHIBIT P5 TRUE COPY OF THE PERFORMANCE
CERTIFICATE ISSUED BY THE
SUPERINTENDING ENGINEER OF THE
FIRST RESPONDENT DATED 19.1.2021
EXHIBIT P6 TRUE COPY OF THE LETTER ATTACHING
THE FINAL BILL DATED 5/11/2020
EXHIBIT P7 TRUE COPY OF THE COVERING LETTER
DATED 12/3/2021 BY WHICH THE FINAL
ESCALATION BILL FOR CIVIL WORKS
SUBMITTED
EXHIBIT P8 A TRUE COPY OF THE COVERING LETTER
DATED 10/4/2021 BY WHICH THE FINAL
ESCALATION BILL FOR ELECTRICAL
WORKS WAS SUBMITTED.
EXHIBIT P9 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 10/2/2021
EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY
THE PETITIONER DATED 12.2.2021
EXHIBIT P11 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 24.2.2021
EXHIBIT P12 TRUE COPY OF THE REPLY OF THE THIRD
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
RESPONDENT DATED 25.2.2021
EXHIBIT P13 TRUE COPY OF THE LETTER OF THIRD
RESPONDENT DATED 26.2.2021
EXHIBIT P14 TRUE COPY OF THE REPLY BY THE
PETITIONER TO THE 2ND RESPONDENT
RESPONDENT DATED 1/3/2021
EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER
DATED 9/4/2021 PASSED BY THIS
HON'BLE COURT W.P.C.NO.5922/2021
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION
DATED 4/5/2021
EXHIBIT P17 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER DATED 5/5/2021
EXHIBIT P18 TRUE COPY OF THE COMMUNICATION MADE
BY THE THIRD RESPONDENT DATED
20.7.2021
EXHIBIT P19 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER DATED 21/7/2021
EXHIBIT P20 TRUE COPY OF THE REPLY LETTER OF
THE THIRD RESPONDENT DATED
27/7/2021
EXHIBIT P21 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER DATED 9.8.2021
EXHIBIT P22 TRUE COPY OF THE LETTER OF THE CPWD
DATED 27/5/2021
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
APPENDIX OF WP(C) 18219/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING
TENDER DATED 30/06/2014.
EXHIBIT P2 TRUE COPY OF THE WORK ORDER ISSUED
BY THE FIRST RESPONDENT DATED
24/04/2015.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED
27/04/2015.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF
THE GENERAL CONDITIONS OF THE
CONTRACT 30/6/2014.
EXHIBIT P5 TRUE COPY OF THE COMPLETION
CERTIFICATE ISSUED BY THE THIRD
RESPONDENT DATED 01/01/2020.
EXHIBIT P6 TRUE COPY OF THE PERFORMANCE
CERTIFICATE ISSUED BY THE
SUPERINTENDING ENGINEER OF THE
FIRST RESPONDENT DATED 19/01/2021.
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY
THE CPWD DATED 27/05/2021.
EXHIBIT P8 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 10/2/2021.
EXHIBIT P9 TRUE COPY OF LETTER ISSUED BY THE
PETITIONER DATED 12/2/2021.
EXHIBIT P10 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 24/02/2021.
EXHIBIT P11 TRUE COPY OF THE REPLY OF THE 2ND
RESPONDENT DATED 25/02/2021.
EXHIBIT P12 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 26/02/2021.
EXHIBIT P13 TRUE COPY OF THE REPLY BY THE
PETITIONER TO THE 2ND RESPONDENT
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
DATED 1/03/2021.
EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HON'BLE COURT IN
W.P.C.NO.5922/2021 DATED
09/04/2021.
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION BY
THE RESPONDENTS DATED 04/05/2021.
EXHIBIT P16 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER TO 2ND RESPONDENT DATED
05/05/2021.
EXHIBIT P17 TRUE COPY OF THE COMMUNICATION MADE
BY THE THIRD RESPONDENT DATED
20/07/2021.
EXHIBIT P18 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER TO THE 2ND RESPONDENT
DATED 21/07/2021.
EXHIBIT P19 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 27/07/2021.
EXHIBIT P20 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER TO THE 2ND
RESPONDENT DATED 09/08/2021.
EXHIBIT P21 TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 4TH RESPONDENT DATED
28/08/2021.
EXHIBIT P22 TRUE COPY OF THE REPLY LETTER
SUBMITTED BY THE PETITIONER TO THE
4TH RESPONDENT DATED 1/9/2021.
EXHIBIT P23 TRUE COPY OF THE INTERIM ORDER OF
THIS HON'BLE COURT IN
W.P.C.NO.17855/2021 DATED
03/09/2021.
EXHIBIT P24 TRUE COPY OF THE SHOW-CAUSE NOTICE
ISSUED BY THE 4TH RESPONDENT DATED
31/08/2021.
EXHIBIT P25 TRUE COPY OF THE REPLY LETTER
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
SUBMITTED BY THE PETITIONER TO THE
4TH RESPONDENT DATED 06/9/2021.
EXHIBIT P26 TRUE COPY OF THE LETTER SUBMITTED
BY THE PETITIONER TO THE SECOND
RESPONDENT DATED 15/02/2022.
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
APPENDIX OF WP(C) 17855/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING
TENDER DATED 30.06.2014.
EXHIBIT P2 TRUE COPY OF THE WORK ORDER ISSUED
BY THE FIRST RESPONDENT DATED
24.04.2015.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED
27.04.2015.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF
THE GENERAL CONDITIONS OF THE
CONTRACT 30.06.2014.
EXHIBIT P5 TRUE COPY OF THE COMPLETION
CERTIFICATE ISSUED BY THE THIRD
RESPONDENT DATED 01.01.2020.
EXHIBIT P6 TRUE COPY OF THE PERFORMANCE
CERTIFICATE ISSUED BY THE
SUPERINTENDING ENGINEER OF THE
FIRST RESPONDENT DATED 19.01.2021.
EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY
THE CPWD DATED 27.05.2021.
EXHIBIT P8 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 10.02.2021.
EXHIBIT P9 TRUE COPY OF LETTER ISSUED BY THE
PETITIONER DATED 12.02.2021.
EXHIBIT P10 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 24.02.2021.
EXHIBIT P11 TRUE COPY OF THE REPLY OF THE 2ND
RESPONDENT DATED 25.02.2021.
EXHIBIT P12 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 26.02.2021.
EXHIBIT P13 TRUE COPY OF THE REPLY BY THE
PETITIONER TO THE 2ND RESPONDENT
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
DATED 01.03.2021.
EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HON'BLE COURT IN
W.P.C.NO.5922/2021 DATED
09.04.2021.
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION BY
THE 3RD RESPONDENT DATED
04.05.2021.
EXHIBIT P16 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER TO 2ND RESPONDENT DATED
05.05.2021.
EXHIBIT P17 TRUE COPY OF THE COMMUNICATION MADE
BY THE THIRD RESPONDENT DATED
20.07.2021.
EXHIBIT P18 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER TO THE 2ND RESPONDENT
DATED 21.07.2021.
EXHIBIT P19 TRUE COPY OF THE LETTER OF THE
THIRD RESPONDENT DATED 27.07.2021.
EXHIBIT P20 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER TO THE 2ND
RESPONDENT DATED 09.08.2021.
EXHIBIT P21 TRUE COPY OF THE SHOW-CAUSE NOTICE
ISSUED BY THE 4TH RESPONDENT DATED
28.08.2021.
EXHIBIT P22 TRUE COPY OF THE REPLY LETTER
SUBMITTED BY THE PETITIONER TO THE
4TH RESPONDENT DATED 01.09.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE SUSPENSIION ORDER
ISSUED TO THE 3RD RESPONDENT
BEARING NO.IISER(T)/RO/18/2021
DATED 17.09.2021.
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
EXHIBIT R4(B) TRUE COPY OF THE INTEGRITY
AGREEMENT SIGNED BETWEEN THE 4TH
RESPONDENT AND THE PETITIONER.
EXHIBIT R4(C) TRUE COPY OF PRO-FORMA OF SCHEDULE
APPENDED TO TENDER.
EXHIBIT R4(D) TRUE COPY OF THE LETTER DATED
19.02.2021 BEARING
NO.RDS/TVM/IISER/PH-II.
EXHIBIT R4(E) TRUE COPY OF THE LETTER DATED NIL
SUBMITTED BY THE PETITIONER TO THE
RESPONDENTS.
EXHIBIT R4(F) CERTIFICATE DATED 02.03.2020
PRODUCED BY THE PETITIONER IN
WP(C)5922 OF 2021 AS EXT.P4 BEARING
NO.IISER-T/W(C)/322/14-15.
EXHIBIT R4(G) EMAIL COMMUNICATION OF THE
PETITIONER DATED 02.03.2020.
EXHIBIT R4(G)(A) EMAIL COMMUNICATION OF THE
PETITIONER DATED 19.01.2021.
EXHIBIT R4(H) PRO-FORMA FOR OBTAINING PERFORMANCE
CERTIFICATE TO BE APPENDED WITH
TENDER AS AVAILABLE IN CPWD MANUAL.
EXHIBIT R4(I) COPY OF THE FORMAT FOR ISSUANCE OF
COMPLETION CERTIFICATE.
EXHIBIT R4(J) 18 NO.S OF GATE PASSES ISSUED TO
THE PETITIONER BETWEEN 30.10.2019
TO 15.03.2021 FOR TRANSPORTING
MATERIALS.
EXHIBIT R4(K) JUDGMENT OF THIS HON'BLE COURT
DATED 08.09.2021 IN W.P.(C)12029 OF
2021.
EXHIBIT R4(L) TRUE COPY OF THE LETTER DATED
31.07.2020 ISSUED BY THE
PETITIONER TO THE RESPONDENT
BEARING NO.RDS/TVM/IISER/PH-II.
WP(C) Nos.17855, 5922,
17708 and 18219 of 2021
EXHIBIT R4(M) TRUE COPY OF THE LETTER DATED
07.08.2020 ISSUED BY THE PETITIONER
TO THE 3RD RESPONDENT BEARING
NO.RDS/TVM/IISER/PH-II.
EXHIBIT R4(N) TRUE COPY OF THE LETTER DATED
16.07.2020 ISSUED BY THE
RERSPONDENT TO THE PETITIONER
BEARING NO.IISER-T/W(C)/322/14-15.
EXHIBIT R4(O) TRUE COPY OF THE LETTER DATED
16.02.2021 ISSUED BY THE
RERSPONDENT TO THE PETITIONER
BEARING NO.IISER-T/W(C)/322/14-15.
//TRUE COPY//
PA TO JUDGE
