Kohima, December 8 (MExN): The Guwahati High Court, Kohima Bench, on December 8, has directed the senior counsel of the contractor of Package-III of the ongoing National Highway-29 four-lane construction to make a stand clear as to 'whether they intend to continue with the work.'
Hearing an interlocutory application related to an ongoing PIL (Sou Motu), the Division Bench of Justices LS Jamir and Songkhupchung Serto told the counsel of the contractor (M/s Oasis Techno Construction Limited), to make the stand clear, listing the matter for hearing again on December 14.
The NHIDCL was also directed to file an affidavit indicating “other alternative/solutions” if the contractor decides not to proceed with the work.
Meanwhile regarding the Court’s September 28 direction to the NHIDCL authorities “not to release any pending dues including the Bank Guarantee” to contractor of Package-III as well as liquidating 10% of the total contract amount (Rs 111.19 Crore), within a period of one month, the counsel for the contractor informed that a sum of Rs. 11.2 Crore has been deposited into the account of the NHIDCL on November 30.
Accordingly, the Bench directed the NHIDCL to file an affidavit as to whether they have taken steps as directed by the Supreme Court on 12.10.2022 after receipt of the deposit of Rs. 11.2 crore.
It must be noted here that the contractor filed a Special Leave Petition with regard to the September 28 direction in the Supreme Court.
However, the apex court directed for depositing 10% of the contract amount as indicated by the High Court into the account of National Highway and Infrastructure Development Corporation Limited (NHIDCL).
The NHIDCL was further directed to keep the amount in an interest bearing fixed deposit account of a nationalised Bank with auto renewal facility.
“If the amount is so deposited, three Directors of the Company can enter appearance through a lawyer and their personal appearance need not be insisted upon,” the SC order had added.
The HC Bench, on September 28, had directed all the three Directors of the company to be present in Court on the next returnable date to enable the Court to pass appropriate orders.
