SPA/313/2022
2023 Latest Caselaw 2369 UK

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         Date       or directions                    COURT'S OR JUDGES'S ORDERS
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      21.08.2023                     SPA No. 313 of 2022
                                     Sri Vipin Sanghi, C.J.
                                     Sri Rakesh Thapliyal, J.

1. Mr. Piyush Garg, learned counsel for the appellant.

2. Mr. Anil Kumar Joshi, learned counsel for the review applicants- respondents.

Review Application (MCC No.02 of 2023)

3. The respondents seek review of our judgment dated 23.11.2022. There is a delay of ten days in filing the review application. Since the delay is not much, we are not going into the said aspect. Delay Condonation Application (IA No.03 of 2023) stands disposed of.

4. Review is sought on the premise that on 29.01.2019, the Government had decided to constitute the Special Investigation Team (SIT) to inquire into all the works done by the contractors between 2012 and 2017 at SIDCUL. The said inquiry was to be undertaken in respect of defective works.

5. Firstly, the communication dated 29.01.2019 is vague and general, and it does not state as to which particular work carried out during the said period in SIDCUL is being investigated into. Moreover, the investigation was initiated in the year 2019 and we are in 2023. Even now, the respondents are not in a position to state as to what the inquiry has revealed qua the works carried out by the appellant. Thirdly, we have already noticed this stand of the respondents in Paragraph No.10 of our judgment by referring to the communication of the respondents dated 23.07.2018 and observed that the said allegation is vague, as no particulars of the work allegedly got done risk and cost of the appellant, has been disclosed.

6. For the aforesaid reasons, we do not find any merit in the present review application, and the same is, accordingly, dismissed.

 (Rakesh Thapliyal, J.)        (Vipin Sanghi, C.J.)
          21.08.2023                21.08.2023
NISHANT