ECI-SANJOSE (JV) v. ARUN KUMAR CHAUDHARY AND 2 ORS.
Cont.Cas(C)/296/2025 · 2025-06-03
Michael Zothankhuma
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 13440 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 13440 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010116662025
2025:GAU-AS:7239
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/296/2025 ECI-SANJOSE (JV) A JOINT VENTURE BETWEEN ECI ENGINEERING AND CONSTRUCTION COMPANY LTD, BEING A COMPANY INCORPORATED UNDER THE RELEVANT PORTIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT PLOT NO. A12-13, PANCHAVATI TOWNSHIP, MANIKONDA, RAJENDRANAGAR MANDAL, RR DISTRICT, HYDERABAD- 500089, ANDRA PRADESH AND M/S CONSTRUCTORA SANJOSE, S.A, HAVING ITS REGISTERED OFFICE ROSALIA DE CASTRO,44, PONTEVENDRA, SPAIN AND ITS INDIAN OFFICE AT UNIT 602, GLOBAL FOYER BUILDING, GOLF COURSE ROAD, SECTOR-43, GURGAON-122002, HARYANA VERSUS ARUN KUMAR CHAUDHARY AND 2 ORS.
THE GENERAL MANAGER (CONSTRUCTION), NORTH EAST FRONTIER RAILWAY, MALIGAON, GUWAHATI, ASSAM 2:S.P DESHMUKH THE CHIEF ENGINEER (CONSTRUCTION) NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM 3:MD. SAMUEL THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) NORTH EAST FRONTIER RAILWAY IMPHA Advocate for the Petitioner : MR G KHANDELIA, MR. K DEKA Advocate for the Respondent : ,
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER 04.06.2025 Heard Mr. G. Khandelia, learned counsel for the petitioner, who submits that the order dated 20.05.2025 passed in WP(C) No.2694/2025 has not been complied with till date.
2. Mr. H. Gupta, learned counsel appearing on behalf of the Railways, has submitted various documents, two of them being the letter dated 22.05.2025 and letter dated 26.05.2025 issued by the Dy. CE/Con-4/Imphal, N.F. Railway.
3. The letter dated 22.05.2025 shows that the petitioner’s reply dated 09.05.2025, 10.05.2025, 12.05.2025, besides the report of the AXEN/CON/Imphal-V dated 19.05.2025 and 21.05.2025 has been examined and decided by the respondent Railways.
4. The letter dated 26.05.2025 issued by the Railways shows that the contract work given to the petitioner for construction of single line BG Tunnel No.25 (approx length=867 Rm) at Km 89798.81-90666.05 in between Noney to Tupul, has been rescinded under Clause 62 of the Standard General Conditions of Contract.
5. I have heard the learned counsels for the parties and have seen the letters dated 22.05.2025 and 26.05.2025 submitted by Mr. H. Gupta.
6. The said letters are made a part of the record and marked as Annexure-‘X’
Page No.# 3/3 and ‘Y’ respectively.
7. On a perusal of Annexure-X and Y, it is clear that the respondents have taken a decision on the petitioner’s reply dated 09.05.2025, as had been
directed by order dated 20.05.2025 passed in WP(C) No.2694/2025. As such, no case of contempt has been made out.
8. The contempt petition is accordingly closed.
JUDGE Comparing Assistant