M/S Teja-Gew (Jv) vs. The Union Of INDIA

WP/26215/2022HC TelanganaGSTCNR HBHC01036601202224 August 2023Bench: K.LAKSHMAN35 pages
AI SummaryDismissed

Held

The Court held that the respondents followed the laid-down procedure and the petitioner failed to demonstrate any irregularity in the termination. The petitioner had already invoked arbitration and claimed the amounts, thus not being entitled to relief in the writ petitions.

Facts

The petitioner, an engineering contractor, challenged the termination of a contract and sought refund of penalties and release of withheld amounts for PVC and GST neutralization. The respondents, South Central Railway, argued that the termination was justified due to the petitioner's delay in completing the work.

Key Issues

Whether the termination of the contract by the Railways was arbitrary and illegal, and whether the petitioner is entitled to the withheld amounts and refund of penalties.

Sections Cited

Article 226

AI-generated summary — verify with the full judgment below

[ 31681 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NOS: 26215 & 36063 OF 2022 W.P.No.26215 OF 2022 Between: Mis TEJA-GEW (JV), Engineering Contractors Plot No.321, HMT Sathavahana Nagar, Kukatpally, Hyderabad-500072 Rep.by its Lead Partner T.Nagendra Prasad, S/o.Ramaswamy, age 62 years. ...PETITIONER AND 1. THE UNION OF INDIA,REP BY The General Manager, South Central Railway, Rail Nilayam, Secunderabad -500071 .

2.

The Chief Bridge Engineer/ SCR, Office of the General Manager South Central Railway, Rail Nilayam, Secunderabad -500071

3.

The Divisional Railway [\/anager, Guntur Division, Rail Vikas Bhavan, Pattabhipuram, Guntur, Andhra Pradesh-522006,

4.

The Additional Divisional Railway Manager (lnfra), Guntur Division, Rail Vikas Bhavan, Pattabhipuram, Guntur, Andhra Pradesh-522006,

5.

The Divisional Railway Manager (Works), Guntur Division, Rail Vikas Bhavan, Pattabhipuram, Guntur, Andhra Pradesh-522006 ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstance

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Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.