The High Court of Chhattisgarh dismissed a writ petition challenging the termination of a construction contract. Finding the completion period had expired and noting an arbitration clause, the court held there was no ground to interfere with the termination.
The writ petition is dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 2171 of 2017
M/s Mohan Poddar, Engineers & Builders, Through its power of attorney holder Shri Ankit Kedia, S/o late Ashok Kedia, having its office at A/406, Crystal Arcade, Shankar Nagar Raipur, Civil & Revenue District Raipur (C.G.)
---- Petitioner
Versus
---- Respondents
For Respondents : Shri B.D. Guru, Advocate
Hon’ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon’ble Shri Sharad Kumar Gupta, Judge
Order on Board
Per, Thottathil B. Radhakrishnan, Chief Justice
21/08/2017
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that the offer of the Petitioner was accepted, the agreement was entered into and a notice to start work was issued on 30.07.2016. It is the clear and specific term in Annexure-P/5 that the time is deemed to be the essence of contract on the part of the contractor. The time fixed for completion of the work is nine months (including rainy season) and is to be reckoned from the date of the said order to commence the work. Obviously, therefore, the period for completion of the work expired in April, 2017. Petitioner has no case that the work is completed. Now in August, 2017, we are not prepared to hear the Petitioner's plea, in writ jurisdiction, that he was entitled to a predecisional notice before termination.
Sd/Sd/-
(Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge
vatti
2 issues framed by the court
Whether the termination of a construction contract for delay in completion was legally sustainable without pre-termination notice.
Whether the writ court has jurisdiction to interfere with the termination given the existence of an arbitration clause.
M/s Mohan Poddar, Engineers & Builders
Chhattisgarh State Warehousing Corporation
Thottathil B. Radhakrishnan
Sharad Kumar Gupta
As recorded by the court registry
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