Jkm Infra Project Ltd v. State of Mizoram and 3 Ors

ORDER BEFORE HONOURABLE MR. JUSTICE NELSON SAILO 25-09-2025 Heard Mr. A Roy, learned counsel for the applicants through video-conferencing, who submits that by filing this interlocutory application, the applicants seek modification of the judgment and order dated 08.03.2024 passed by this Court in WP(C) 80/2022, in so far as the balance retention money is concerned. The learned counsel submits that the arbitration between the parties concerned ended with a settlement between the parties and as for the retention money, it has been agreed that the same be divided in the ratio of 25:75 between the opposite party No. 1 and opposite party No. 2 respectively in the instant application. While 75% of the retention money has already been released to the opposite party No. 2, the balance of 25% of the retention money remains. The opposite party No. 1, in the meantime has instituted another arbitration against the applicants claiming a sum of Rs.3,77,74,97,876/-. The learned counsel submits that pending finalization of the award in the arbitration case, the 25% of the retention money may be directed to be kept in a fixed deposit by suitably modifying the judgment and order dated 08.03.2024. Issue notice of motion, returnable by 3 (three) weeks. The applicants to take steps for service of notice upon opposite party Nos. 1 & 2 by registered post with A/D within 3 (three) working days. List the matter again after 3 (three) weeks.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC030006372025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/168/2025 State of Mizoram and 2 Ors. R/b the Secretary, Public Works Department, Mizoram, Aizawl 2: Chief Engineer Public Works Department Mizoram Aizawl 3: Project Director Project Implementation Unit Office of the Chief Engineer (Roads) Public Works Department Tuikhuahtlang Aizawl-79600 VERSUS JKM Infra Project and Anr. A-28, Sector-9, Noida, Uttar Pradesh - 201301 R/b Sh. Abhisek Kumar Jha, Chief Financial Officer 2:APS Hydro Pvt. Ltd.through its Director Registered Office F-108 Tagore Garden New Delhi - 11002 Advocate for the Petitioner : Mr. Ajoy Roy Advocate for the Respondent : Page No.# 2/3 Linked Case : WP(C)/80/2022 JKM Infra Project Ltd. A-28 Sector-9 Noida Uttar Pradesh - 201301 r/b Sh. Abhisek Kumar Jha Chief Financial Officer. VERSUS State of Mizoram and 3 Ors. r/b The Secretary Public Works Department Mizoram Aizawl. 2:Chief Engineer Roads Public Works Department Mizoram Aizawl. 3:Project Director Project Implementation Unit Office of the Chief Engineer (Roads) Public Works Department Tuikhuahtlang Aizawl - 796001 4:APS Hydro Pvt. Ltd. through its Director Registered Office F-108 Tagore Garden New Delhi - 110027 Advocate for the Petitioner : Mr Lalremtluanga Advocate for the Respondent : Mrs. Linda L Fambawl Addl. AG/GA Mizoram for R1-R3 Page No.# 3/3