M/S Asha Construction vs State Of Madhya Pradesh
2024 Latest Caselaw 28118 MP

Madhya Pradesh High Court

M/S Asha Construction vs State Of Madhya Pradesh on 4 October, 2024

          NEUTRAL CITATION NO. 2024:MPHC-JBP:50927




                                                               1                             WP-28471-2024
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                          BEFORE
                                          HON'BLE SHRI JUSTICE SANJEEV SACHDEVA
                                                             &
                                            HON'BLE SHRI JUSTICE VINAY SARAF
                                                   ON THE 4 th OF OCTOBER, 2024
                                                  WRIT PETITION No. 28471 of 2024
                                                  M/S ASHA CONSTRUCTION
                                                           Versus
                                           STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                     Shri Shekhar Sharma - Advocate for petitioner.
                                     Mrs. Janhavi Pandit - Additional Advocate General for
                           respondents/State.

                                                                   ORDER

Per: Justice Sanjeev Sachdeva

1. Petitioner seeks quashing of order dated 23.08.2024, whereby the contract awarded to petitioner has been terminated.

2. Learned counsel for petitioner submits that besides termination, respondents are seeking to withhold/recover amounts that are due and payable to the petitioner in other contracts as well.

3. Learned Additional Advocate General submits that in so far as termination is concerned, petitioner has to avail of the alternative remedy under the Madhyastham Adhikaran Adhiniyam, 1983. She further submits that in so far as the allegation of recovery from other contracts is concerned, the petition is pre-mature inasmuch as not even a demand notice has been

NEUTRAL CITATION NO. 2024:MPHC-JBP:50927

2 WP-28471-2024 issued to the petitioner.

4. Learned counsel for petitioner submits that a Full Bench of this Court in B.B.Verma vs. State of M.P., 2007 4 MPLJ 610 has laid down a procedure for recovery against a contractor.

5. Learned Additional Advocate General submits that the judgment in B.B.Verma ( supra) holds the field, however, in the present case the case is pre-mature and the procedure as prescribed in B.B.Verma ( supra) has not yet been initiated as there is no quantification or demand raised against the petitioner.

6. Learned counsel for petitioner seeks leave to withdraw the petition reserving the right of the petitioner to avail of such further remedies as may be permissible in the law.

7. In view of the above, petition is disposed of, with a direction that in case any action is proposed against the petitioner, respondents shall comply with the directions of the Full Bench in B.B.Verma (supra).

                                 (SANJEEV SACHDEVA)                                 (VINAY SARAF)
                                        JUDGE                                           JUDGE


                           VPA