Flexituff Dird Jv v. The State of Assam and Ors

ORDER Date : 29-11-2024 Heard Mr. D Das, learned senior counsel assisted by Mr. A Singh, learned counsel for the petitioner. He prays that he may be allowed to withdraw the writ petition, with liberty to file the same before the appropriate forum. Ms. K Deka, learned counsel appears for the Water Resource Department while Ms. U Das, learned counsel appears for the respondent No. 1. The matter pertains to the termination of the petitioner's contract, on the ground that the Bank Guarantees submitted by the petitioner are fake Bank Guarantees, which have apparently been reflected in the letter dated

01.08.2024 issued by the Chief Engineer, Water Resources Department, Government of Assam. The petitioner's counsel submits that the basis for the Page No.# 3/3 respondents coming to a finding that the Bank Guarantees are fake have not been given to the petitioner. As such, the principles of natural justice has been violated. On the other hand, the respondents' case is that the Bank has issued a letter clarifying that the Bank Guarantees submitted by the petitioner are fake and that the Bank did not issue the Bank Guarantees. The prayer of the petitioner's counsel is allowed. Accordingly, the writ petition is dismissed as withdrawn, with liberty as prayed for. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010254142024 ooooooo 2024:GAU-AS:11850 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6342/2024o FLEXITUFFoDIRDoJVo THROUGHoAUTHORISEDoREP.oMR.oRAMANoGOSWAMI,o 3RDoFLOOR,oH.NO-5,oTARINIoBUILDING,oLACHIToNAGARoCHARIALI,oG.So ROAD,oGUWAHATI,oASSAM,oPIN-781007 VERSUSo THEoSTATEoOFoASSAMoANDoORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,o DISPUR,oGUWAHATI-06. 2:WATERoRESOURCEoDEPARTMENT oGOVERNMENToOFoASSAM ASSAMoWATERoCENTRE o5THoFLOOR oBASISTHAoCHARIALI oGUWAHATI oASSAM oPIN-781029 THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFoASSAMo oDISPUR oGUWAHATI-06. 3:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPARTMENT oGOVERNMENToOFoASSAM ASSAMoWATERoCENTRE o5THoFLOOR oBASISTHAoCHARIALI oGUWAHATI oASSAM oPIN-781029 Page No.# 2/3 4:THE ADDL. CHIEF ENGINEER EAP WATER RESOURCE DEPARTMENT GOVERNMENT OF ASSAM ASSAM WATER CENTRE 5TH FLOOR BASISTHA CHARIALI GUWAHATI ASSAM PIN-78102 Advocate for the Petitioner : MR. D S SINGH, MR. A K SINGH,MS. P SULTANA,MR A I TALUKDAR,MR. D DAS SR. ADV Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA