Hi-Tech Construction And Co vs. The Chief Secretary Government Of Nagaland

ITEM NO.11 COURT NO.4 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 13855/2022

(Arising out of impugned final judgment and order dated 21-07-2022 in WA No. 7/2022 passed by the High Court Of Gauhati At Kohima)

M/S HI-TECH CONSTRUCTION AND CO & ORS. Petitioner(s)

VERSUS

THE CHIEF SECRETARY GOVERNMENT OF NAGALAND & ORS. Respondent(s) (FOR ADMISSION )

Date : 12-08-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH

	Mr. Mukul Rohatgi, Sr.Adv.
	Ms. Gunjan Sinha Jain, Adv.
	Mr. Siddhartha Borgohain, Adv.
	Mr. Baplu Chakma, Adv.
	Mr. Chanchal Kumar Ganguli, AOR
	Mr. Kamal Nayan Chaudhary, Sr. Adv.
	Mr. Manish Goswami, Adv.
	Mr. Rameshwar Prasad Goyal, AOR
For Petitioner(s)<br>For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Learned senior counsel for the petitioner(s)

inter alia contends that:

(1) as per the Appendix IA Annexure X at page 154 minimum key personnel for the project had to be specified. He submits by reference to page 280 (counter affidavit of the State Government) that the names submitted there are actually Government officials and could not be key personnels of respondent No.5. In fact, in their

counter affidavit at page 281, the State has stated that the respondent No.5 made a representation dated 27.03.2020 stating that they had inadvertently uploaded the details of old technical staff engaged by the company. In this behalf, he submits that the LOA was awarded on 16.03.2020 and thus, the names cannot be changed after that on 27.03.2020.

2) It is further his submission that the performance security as per clause 2.21 (page 122) has to be furnished within 20 days from the date of receipt of the letter of acceptance but that has been furnished on 03.02.2022 and the work order was issued on 11.02.022. Thus, for two years neither was the performance bank guarantee furnished nor the work progressed.

Issue notice.

Learned counsel for respondent No. 5 accepts notice.

Dasti in addition through standing counsel for the State Government.

Any work carried out in the meantime will be subject to the final outcome of these proceedings.

List on 29.08.2022.

A copy of the order to accompany the notice.

[ASHA SUNDRIYAL]	[POONAM VAID]
ASTT. REGISTRAR-cum-PS	COURT MASTER (NSH)