HIGH COURT OF TRIPURA AGARTALA Rev. Petn. No. 17 of 2025 M/s J C Enterprise ………Petitioner(s) Versus Union of India & Ors. ……..Respondent(s) For Petitioner(s) : Mr. T K Deb, Advocate. For Respondent(s) : Mr. B. Majumder, Advocate. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 09.04.2025 Heard Mr. T K Deb, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned counsel appearing for the respondents- Union of India. [2] This petition has been filed under Article 215 of the Constitution of India and under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, seeking the following relief: “i Admit this application ii. Call for the records. iii. Issue notice calling upon the Respondents to show cause as to why the Order dated 05.03.2025 passed in W.P.(C) No. 760/2025 shall not be reviewed/recalled and upon such cause or causes that may be shown hearing the parties, perusing records further be pleased to make the Rule absolute and/or pass such further or other order or orders as your Lordships may deem fit and proper. -AND- In the alternative, the petitioner prays for disposing the writ petition on merit and/or to pass such other order/orders as to your Lordships may seem fit; [3] Mr. T. K Deb, learned counsel appearing for the petitioner- company submits before this Court that the petitioner was awarded with a contract work and subsequently the petitioner deposited Performance Guarantee for Rs.34,61,926/- as per condition of tender document. He also submits that while initiating the work at site, one of his representatives was abducted by the miscreants on 30.12.2020 and further due to Covid-19 pandemic all work places were closed. Hence, the petitioner intended to withdraw from the work and prayed for refund of Performance Guarantee. The Respondent No.3 refused to refund the same resulting which the review petitioner filed WP(C)760/2024 whereby this Hon'ble High Court by a Judgment and order dated 05.03.2025 dismissed the said writ petition as withdrawn with a liberty to avail remedies before the appropriate forum as per law. Hence ,this present Review petition has been filed praying for disposal of the writ petition in WP(C) 760/2024 on merit. [4] Upon hearing the submission made at the bar and on perusal of record, this Court is of the opinion that the averments made with regard to review of the order dated 05.03.2025 passed in WP(C) No. 760 of 2024 is not self explanatory as the disputed questions of fact and certain contractual obligations cannot be dealt with under Article 226 of the constitution of India, moreover the same is not maintainable and is liable to be dismissed. [5] In view of the above, writ petition is dismissed. Accordingly, the review petition is closed and the same is disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. JUDGE Paritosh SABYA SACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.04.11 13:18:43 +05'30'