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2025 DAILYLAW 18954 (RAJ)

M/S. DARA ENGINEERING AND INFRASTRUCTURES PVT. LTD. v. STATE OF RAJASTHAN

CW/7771/2025 · 2025-05-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:21505] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7771/2025 M/s. Dara Engineering And Infrastructures Pvt. Ltd., Having Its Registered Office At 42-A, Ajit Colony, Opp. Bal Niketan School, Raikabagh, Jodhpur - 342001 (Rajasthan), Through Its Accounts Executive Shri Dhirender Singh, S/o Shri Jitendra Singh Aged About 39 Years, R/o Plot No.199, Radha Residency, Hathoj, Kalwar Road, Jaipur, Rajasthan 302012. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Public Health Engineering Department, Secretariat, C-Scheme, Jaipur, Rajasthan - 302005. 2. Chief Engineer (Special Projects), Public Health Engineering Department, Jal Bhawan, 2 Civil Lines, Jaipur - 302006 3. Additional Chief Engineer, Public Health Engineering Department, Kota, Rajasthan. ----Respondents For Petitioner(s) : Ms. Pratyushi Mehta, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/05/2025 1. The present writ petition has been preferred seeking the relief not to deduct any amount qua penalty or liquidated damages from running account bills of the petitioner’s Company qua the works in question. 2. It has been submitted in the writ petition that the works in question could not be completed within the stipulated period because of the reasons attributable to respondent department. In view of the said reasons, the application for time extension was moved by the petitioner Company but without deciding the same [2025:RJ-JP:21505] (2 of 2) [CW-7771/2025] or passing any order on the same, the respondent department has proceeded on to recover the amount qua penalty/liquidated damages in terms of clause 2 of the agreement as entered into between the parties. 3. Learned counsel for the petitioner submits that in these circumstances, it is expected from the respondents to first decide the application for extension of time/representation filed by the petitioner on 17.03.2025 (Annex.-6). 4. In view of the limited prayer made, the present writ petition is disposed of with a direction to the respondent authorities/competent authority to decide the time extension application dated 17.03.2025 (Annex.6) as moved by the petitioner Company strictly in accordance with law and in accordance with terms of the agreement, within a period of three weeks from now. Till the date the application for time extension is decided, no coercive action, whatsoever, shall be taken against the petitioner Company. 5. It is made clear that aforesaid direction to decide the application has been issued only with a view to ensure expeditious redressal of petitioner's grievance. The same may not be construed to be an order to decide the application in a particular manner. 6. Stay petition and all pending applications, if any, stand disposed of. (ANIL KUMAR UPMAN),J MADAN/89