Sikkim High Court
M/S Jra Infrastructure Ltd vs Union Of India on 14 May, 2025
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
IA No. 01/2025
IN
Arb. P. No. 01/2025
M/S JRA INFRASTRUCTURE LTD. PETITIONER (S)
VERSUS
UNION OF INDIA RESPONDENT (S)
For Petitioner : Mr. Lekden Thondup Basi, Mr. Shakil Raj Karki and
Ms. Dipsheekha Manger, Advocates.
For Respondent : Ms. Sangita Pradhan, Deputy Solicitor General of
India with Ms. Natasha Pradhan and Ms. Sittal
Balmiki, Advocates.
Date: 14/05/2025
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
...
JUDGMENT
This application filed on behalf of the respondent, Union of India, is for the
purpose of seeking leave to proceed with tender process under clause 14 of the
contract agreement. In paragraph 4 of the instant application the respondent has
stated, inter alia, that the tender was not opened on the scheduled date of
opening, i.e., on 21st April, 2025, as the respondent (Union of India) was directed
to present at Gangtok on the same date in the process of filing the affidavit-in-
opposition in the present case and for attending the hearing scheduled on 23rd
April, 2025. There are several other averments made in various paragraphs of
the said application, which includes a submission that the ITBP road from Thangu
to Muguthang is strategically a vital infrastructure project serving as the sole
supply route for the Indo-Tibetan Border Police Force (ITBPF) and India Army
personnel stationed along the sensitive Indo-China border in the Muguthang area
on Northern Sikkim. The project, located at an altitude of 14,000 to 16,500 feet,
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HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
is critical for National Security, facilitating operational and logistical support for
Defense Forces in a region prone to harsh weather conditions, including snow-
cover from April to mid-November. Missing the deadline would delay the project
into the next working season (i.e., next year 2026 only), as the region is
inaccessible during the non-working season, leading to a minimum delay of one
year.
It has also been stated by the respondent in paragraph 7 as follows: -
"7. It is humbly submitted that the working season in the project
area is limited to May to mid-November due to adverse weather
conditions. The Respondent has committed to the Ministry of Home
Affairs (MHA) to complete the project by 15.11.2025. Any delay in
opening the tender and awarding the balance work will jeopardize this
timeline, further hindering project completion and adversely impacting
security of Nation. The tender process is a critical step to ensure the
timely completion of the ITBP Road."
In such a backdrop, the respondent has prayed for the following relief: -
"a) Grant leave to the Respondent to proceed with the opening of
the tender (NIT No. 01/SE/BRPC/EE/BRPD-II/2025-26) which was
scheduled for 21.04.2025 and the subsequent awarding of the balance
work at the risk and cost of the Petitioner under Clause 14 of the
Contract Agreement No. 06/EE/BRPD-I/2018-19, in the interest of
public."
While hearing the main matter, i.e., Arbitration Petition No. 01/2025, this
Court, after issuing directions for filing of affidavits, also passed an ad-interim
order on 23rd April, 2025, which reads as follows: -
"In the meanwhile, there shall be an ad-interim order of injunction
against the Executive Engineer, Central Public Works Department,
Border Road Project, Division-II, having his/her office at Chungthang,
North Sikkim, restraining him/her from taking any coercive steps
against the petitioner, without leave of Court."
A bare perusal of the order, as quoted above, will reveal that this Court has
not injuncted the respondent from proceeding with opening of the tender which
was scheduled to be opened on 21st April, 2025. The only order of injunction that
was passed against the concerned Executive Engineer was restraining him/her
from taking any coercive steps against the petitioner (M/s JRA Infrastructure
Ltd.), without leave of Court. In such circumstances, this Court does not find any
impediment or embargo or fetter upon the respondent (Union of India) from
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Record of Proceedings
proceeding with the opening of the tender (NIT No. 01/SE/BRPC/EE/BRPD-
II/2025-26) which was scheduled to be opened on 21st April, 2025.
With the saforesaid observation, the instant interlocutory application, being
I.A. No. 01/2025, stands disposed of.
(Biswanath Somadder)
Chief Justice
jk/
