1 2026:CGHC:24624-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3655 of 2021 1 - M/s Zephyr-Vepl-Kcl (Jv) B - 13a, Institutional Area, Sector - 62, Noida, Uttar Pradesh, Pin Code 201, 301, Through Its Authorised Signatory Manish Pandey, S/o Yashoda Nand Pandey, Aged About 29 Years, R/o B - 1, Sector - 72, Noida, Gautam Buddha Nagar, Uttar Pradesh., District : Gautam Buddha Nagar*, Uttar Pradesh ... Petitioner(s) versus 1 - South Eastern Coalfields Limited (A Mini Ratna Company), Subsidiary Of Coal India Limited, Through Its Chairman Cum Managing Director, Secl Bhawan, Seepat Road, Sarkanda Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - South Eastern Coalfields Limtied (A Mini Ratna Company) Subsidiary Of Coal India Limited, Through Chief General Manager, South Eastern Coalfields Limited, Gevra Area, Gevra, Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - South Eastern Coalfields Limited (A Mini Ratna Company), Subsidiary Of Coal India Limited, Through General Manager, South Eastern Coalfields Limited, Gevra, Area, Gevra, Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Arjit Tiwari, Advocate. For Respondent(s) : Mr. Vaibhav Shukla, Advocate. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.06.19 11:44:13 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 18/06/2026 1. Heard Mr. Arjit Tiwari, learned counsel for the petitioner. Also heard Mr. Vaibhav Shukla, learned counsel appearing for the Respondents. 2. The present petition has been filed by the petitioner with the following prayer: "10.1) The Hon'ble Court may kindly be pleased to call for the entire records leading to the impugned inaction for the kind perusal of this Hon'ble Court. 10.2) The Hon'ble Court may further kindly be pleased to issue a suitable writ against the respondents extending the period of 1230 days excluding the total period of lock-down or otherwise it be declared that the terms and conditions of contract including the contract becomes impossible to perform on account of doctrine of frustration. 10.3) The Hon'ble Court may also kindly be pleased to direct the respondents to refund the security amount and pay amount for the work done by the petitioner and also the respondents be restrained from invoking the bank guarantee by treating breach of contract by the petitioner. 10.4) Cost of the petition may also be granted to the petitioner. 3 10.5) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice." 3. Learned counsel for the petitioner submits that the issue raised in the present petition has already been decided by this Court in W.P.(C) No. 2674 of 2021 vide order dated 24.11.2023 in a similar matter, and therefore, the present petition has rendered infructuous. 4. Learned counsel for the respondents does not dispute the aforesaid submission. 5. In view of the above, the present petition is disposed of as having become infructuous. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok