9911796707
TMI Blog2024 (8) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... of the work have unilaterally withdrawn the substituted Clause-9 as per letter dated 18.05.2018 - HELD THAT:- The Opposite Parties after the work having already been executed by the Petitioners could not have varied the terms contained in Clause-9 of the letter. The impugned communication dated 06.09.2021 cannot be sustained and is accordingly set aside. The consequences of the quashing of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Call Notice dated 29.07.2017 inviting bids for execution of the work of "Construction of Driving Track at Keonjhar", the Petitioner had submitted his bid and was successful. The letter of acceptance was issued by Opposite Party No.2 on 27.03.2018 whereupon the Petitioner had submitted the requisite security deposit and had also deposited the additional performance security. Clause-9 of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication dated 06.09.2021 addressed to the Divisional Head, IDCO, Jajpur Road Division, Jajpur regarding the same contract noted as under: "The Technical Sanction to the estimate for the work noted above was accorded based on Pre GST rates and tender was also approved accordingly. You are therefore requested to follow the guide lines issued vide the Finance Dept. office memorandum referred above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Parties after the work having already been executed by the Petitioners could not have varied the terms contained in Clause-9 of the letter. The impugned communication dated 06.09.2021 cannot be sustained and is accordingly set aside. The consequences of the quashing of the said communication shall follow. All actions taken based upon the said communication dated 06.09.2021 are held illegal. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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