Disposed

Secon Private Limited v. Executive Engineer

Karnataka HC6 Oct 2023WP/5755/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to execute a Foreclosure Agreement was disposed of. The court directed the Executive Engineer to execute the agreement within three weeks without making any payment, reserving liberty to the petitioner to claim dues subsequently.

What did the court decide?

Directed Respondent No.1 to execute the Foreclosure Agreement dated 17.11.2017 within three weeks without any payment.

Secon Private Limited Vs Executive Engineer — Company and Corporate | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:36236 WP No. 5755 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5755 OF 2023 (GM-RES)

¶7

BETWEEN:

¶8

SECON PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING IT REGISTERED OFFICE AT NO.28, JEREMAIAH ROAD FRAZER TOWN BENGALURU-560005 REPRESENTED BY IT DIRECTOR COL.B.N.DEVAIAH(VETERN).

¶9

…PETITIONER

¶10

(BY SRI. PERIKAL K ARJUN, ADVOCATE)

¶11

AND:

¶12

EXECUTIVE ENGINEER NATIONAL HIGHWAYS VIJAYAPURA DIVISION

¶13

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

¶14

STATION ROAD

¶15

VIJAYAPURA-568101

¶16

SUPERINTENDING ENGINEER NATIONAL HIGHWAYS NH CIRCLE NEAR CULTURAL HALL, UB HILLS, MALMADDI DHARWAD-580001

¶17

CHIEF ENGINEER NATIONAL HIGHWAYS PW, P AND IWT DEPARTMENT 2^ND FLOOR, PWD ANNEX BUILDING K R CIRCLE, BENGALURU-560001

¶18

2 - NC: 2023:KHC:36236 WP No. 5755 of 2023

¶19

GOVERNMENT OF KARNATAKA PW, P AN IWT DEPARTMENT, VIKASA SOUDHA BENGALURU-560001 REPRESENTED BY ITS SECRETARY

¶20

CHIEF ENGINEER-REGIONAL OFFICER MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA NO.32, 2ND FLOOR, KSCFL BUILDING RACE COURSE ROAD BENGALURU-560001

¶21

UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA TRANSPORT BHAVAN 1, PARLIAMENT STREET NEW DELHI-110001 REPRESENTED BY ITS SECRETARY

¶22

…RESPONDENTS

¶23

(BY SRI.P. PRASAD, ADVOCATE FOR R1 TO R3 SRI. KIRAN KUMAR, HCTGP FOR R4 & R5 SMT.IRFANA NAZEER, ADVOCATE FOR R6)

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH DIRECTING R-1 TO EXECUTE A FORECLOSURE AGREEMENT WITH THE PETITIONER IN RESPECT OF THE CONTRACT AGREEMENT DTD 17 NOVEMBER 2017 (ANNX-D) IN FURTHERANCE OF THE LETTER DTD 18 AUGUST 2021 ISSUED BY R-5 (ANNX-Q).

¶25

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶26

3 - NC: 2023:KHC:36236 WP No. 5755 of 2023

¶27

ORDER

¶28

R.DEVDAS J., (ORAL):

¶29

Learned counsel for the petitioner submits that

¶30

inspite of written instructions given by the respondent No.3-Chief Engineer, National Highways, Bengaluru, while forwarding the proceedings of the meeting held on 24.05.2018 at Annexure-N, directing respondent No.1Executive Engineer, National Highways, Vijaypura Division, to foreclose the contract awarded to the petitioner, respondent No.1 has not followed the directions issued by the respondent No.3. Learned counsel for the petitioner submits that the prayer in the writ petition is to direct respondent No.1 to execute a Foreclosure Agreement in respect of the Contract Agreement dated 17.11.2017, in furtherance of the letter dated 18.08.2021, issued by the respondent No.5-Chief Engineer-Regional Officer, Ministry of Road Transport & Highways, Government of India, Bengaluru.

¶31

4 - NC: 2023:KHC:36236 WP No. 5755 of 2023

¶32

Per contra, learned counsels for respondent Nos.1 to 3 and the learned High Court Government Pleader would submit on instructions that the petitioner is not entitled for any payment and by seeking a direction to foreclose the agreement, the petitioner is also seeking payment of the works said to have done by the petitioner. The respondents have filed statement of objections meeting the grounds raised by the petitioner.

¶33

At this juncture, the learned counsel for the petitioner submits that it would suffice if respondent No.1 is directed to execute the Foreclose Agreement and the petitioner will pursue its remedy for recovery of the amount, if any, from the respondents, in accordance with law.

¶34

Placing the submissions of the learned counsel for the petitioner on record, respondent No.1-Executive Engineer, National Highways, Vijaypura Division, is hereby directed to simply execute the Foreclosure Agreement in respect of the Contract Agreement dated 17.11.2017

¶35

5 - NC: 2023:KHC:36236 WP No. 5755 of 2023

¶36

without making any payment, whatsoever, to the petitioner. Liberty is reserved to the petitioner to raise any claims in the matter of recovery of the amount towards the work executed by petitioner, in accordance with law. Respondent No.1-Executive Engineer, National Highways, Vijayapura Division shall execute the Foreclosure Agreement as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a certified copy of this order.

¶37

With these observations, the writ petition stands disposed of .

¶38

Pending I.As., if any, stand disposed of.

¶39

¶40

CT: JL

¶41

Sd/JUDGE

Secon Private Limited v. Executive Engineer

Case brief

What is this about?

What did the court decide?

Secon Private Limited v. Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Amanath Co-Operative Bank Ltd. Vs Mohammed Sharfuddin

Sri S Narasimha Bharathi Vs State of Karnataka Department of

Pushkraj Crushing Equipments Pvt. Ltd. Vs the Senior Divisional Engineer

M/S. Highway - 66 Vs the State of Karnataka

Sri.K.R.Gangadarappa Vs State of Karnataka

M/S Pup Cafe Vs State of Karnataka