M/S. Ncc Limited v. The State of Meghalaya and 5 Ors

JUDGMENT AND ORDER (ORAL)

¶1This matter has been listed today at the request of Mr. S. Sen, learned counsel for consideration of the instant Misc. application with regard to the demand for renewal of Bank Guarantee

¶2This Court had noted in the order dated 21.03.2024 passed in MC (WPC) No. 41 of 2024, that the matter regarding the Bank

Guarantee and its extension thereof, had already been dealt with, vide the order dated 28.12.2023, which had been disputed by the learned counsel for the petitioner, as to its purport.

¶3However, today when this Misc. Case is taken up for consideration, it has been submitted by Mr. S. Sen, the learned counsel for the applicant/petitioner that at this stage it would suffice if the respondent No. 2 dispose of the representation dated 17.11.2023, (Annexure-XVII to the writ petition), wherein the grievances of the writ petitioner have been indicated, especially with regard to the release of the Performance Bank Guarantee.

¶4Mr. A. Kumar, learned AG assisted by Mr. A.H. Kharwanlang, learned Addl. Sr. GA for the respondents Nos. 1 & 2, as also Mr. P.R. Paske, the learned counsel for the respondents Nos. 3, 4 & 5, have no objection to the same.

¶5In this view of the matter, it is directed that the said representation dated 17.11.2023, with regard to the performance Bank Guarantee be addressed and disposed of by the respondent No. 2, within a period of 4(four) weeks, from today.

¶6As the Bank Guarantee is due to expire on 31.03.2024, in line with the order dated 28.12.2023 passed by this Court, the writ

petitioner is directed to renew for another period of 3(three) months, or as per the terms of the contract.

¶7This Misc. Case is accordingly disposed of.

JUDGE

Meghalaya

22.03.2024 "V. Lyndem-PS"

Serial No. 05 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG MC (WPC) No. 41 of 2024 in WP (C) No. 428 of 2023 Date of Decision: 22.03.2024 1. M/s NCC Limited, a company Incorporated under the Companies Act, 1956 and having it registered office at NCC House, Madhapur, Hyderabad, Represented by Mr. Ravi Gouri Sankar, Sr. Manager (Accounts). …. Petitioner(s) - Versus – 1. The State of Meghalaya represented by The Commissioner & Secretary, Directorate of Arts & Culture, Government of Meghalaya 2. The Director, Arts & Culture, Government of Meghalaya, Shillong. 3. The Managing Director, HINDUSTAN STEELWORKS CONSTRUCTION LIMITED (HSCL), 5/1 Commissariat Road, Hastings, Kolkata-700022. 4. The Zonal Head (NE), HINDUSTAN STEELWORKS CONSTRUCTION LIMITED (HSCL), A.E.C. Road, Pragjyotish Nagar, Jalukbari, Guwahati-781014. 5. The Unit In-Charge, HINDUSTAN STEELWORKS CONSTRUCTION LIMITED (HSCL), SICPAC, Mawkasiang, East Khasi Hills District, Meghalaya. 6. The Senior Manager, Canara Bank, Prime Corporate Branch, BR TSR Complex, Sardar Patel Road, Hyderabad, Telangana. … Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s)/Applicant(s): Mr. S. Sen, Adv. with Mr. A.G. Momin, Adv. For the Respondent(s) : Mr. A. Kumar, AG (R 1&2) with Mr. A.H. Kharwanlang, Addl. Sr. GA Mr. P.R. Paske, Adv. (For R 3-5) with Mr. Philemon Nongbri, Adv. i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: