1 2025:CGHC:19764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3351 of 2024 1 - Tata Projects Limited, Having Its Registered Office At Mithona Towers - 1, 1-7-80 To 87 Penderghast Road, Secunderabad, Telengana - 500003 And Its Corporate Office At 2nd, 3rd And 4th Floor, One Boulevard Street, Lake Boulevard Road, Hiranandani Business Park, Powai, Mumbai 400076, Represented Through Its Power Of Attorney Holder - Shri Rahul Jadwani. ... Petitioner(s) versus 1 - Chhattisgarh Infotech Promotion Society, Registered Office At Sdc Building. 2nd Floor, Near Police Control Room, Civil Lines Raipur, Chhattisgarh - 492001, Represented Through Its Chief Executive Officer. 2 - State Of Chhattisgarh Through Secretary, Department Of Electronics And Information Technology, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 3 - Union Of India Through The Secretary, Department Of Telecommunications, Ministry Of Communications Sanchar Bhawan, 20 Ashoka Road, New Delhi – 110001. 4 - Bharat Broadband Network Limited 3rd Floor, Office Block - 1, East Kidwai Nagar New Delhi – 110023. 5 - State Bank Of India Corporate Accounts Group, Mumbai, 23 J N Heredia Marg, Nevile House, Ballard Estate, Mumbai, India. ... Respondent(s) For Petitioner(s) : Mr. Kishore Bhaduri, Sr. Advocate along with Mr. Abhishek Vinod Deshmukh, Advocate. For Respondent(s)/State : Mr. R.K. Gupta, Addl. A.G. For Respondent No. 1 : Mr. Rishabh Garg, Advocate. For Respondent No. 4 : Mr. Sandeep Dubey, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/04/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) Issue a writ or order or direction in the form of mandamus directing the Respondent No. 1 to make payment of Rs 351.03 crores ((excluding of GST) or any other amount along with applicable GST as this Hon'ble court may deem fit so that the Bharatnet Project can 3 continue to be implemented; (ii) Issue a writ or order or direction in the form of mandamus directing the Respondent Nos. 3 & 4 to ensure that Respondent Nos. 1 makes payment of Rs 351.03 crores (excluding of GST) or any other amount along with applicable GST as this Hon'ble court may deem fit to the Petitioner in a time bound manner so that the Bharatnet Project can continue to be implemented; (iii) Issue a writ or order or direction in the form of certiorari quashing the direction contained in Respondent No. I's letter dated 2 May 2024 (directing the Petitioner to extend the performance 0999518BG1000493); bank guarantee no. 0999518BG1000493); (iv) Issue a writ or order or direction in the form of mandamus directing Respondent No. 1 to release the performance bank guarantee no. 0999518BG1000493 for Rs 167.46 crores to the Petitioner in terms of clause 1.7.3 of the Master Services Agreement dated 18 July 2018; (v) Issue any such writ, order or direction and grant such other and incidental reliefs as this Hon'ble Court may deem just and necessary in the facts and circumstances 4 of the case.” 2. Learned counsel for the petitioner submits that there is an alternate remedy available to the petitioner as per Clause 1.36.1 of Master Services Agreement (MSA) Dated 18th July, 2018 (Annexure P/2) under the law and the petitioner seeks liberty of this Court to approach before the Commercial Court under Section 9 of Arbitration and Conciliation Act, 1996 for seeking interim relief. 3. On the other hand, learned counsel for respondent No. 1 submits that if the petitioner will approach before the concerned Commercial Court within a period of 2 weeks, then he has no objection regarding the same. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, till the petitioner approaches before the concerned Commercial Court within a period of 2 weeks, the interim order which has been passed way back on 02.07.2024 by this Court will be effective. After 2 weeks from passing of this order, the interim protection will lose its efficacy. 6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Raghu Jat Judge