National Consumer Co-Operative Federation Of India (Nccf) v. Hemchand Yadav University

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3037 of 2018

1. National Consumer Co-Operative Federation Of India (NCCF) Having Its Registered Office At Deepali, 5th Floor, 92, Nehru Place, New Delhi. 110019 And Its Branch Office At Adarsh Nagar, Kanke Road, Ranchi - 8 (Jharkhand) Acting In The Premises Through Its Project Manager Shri Dhiraj Kumar, Son Of Shri Raghunath Saran Sinha, Aged 44 Years.

2. Dhiraj Kumar S/o Shri Raghunath Saran Sinha Aged About 44 Years Project Manager, National Consumer Co - Operative Federation Of India (NCCF), R/o Asha Niwas, Ratu Road, Ranchi - 5 (Jharkhand). ---- Petitioner

Versus

• Hemchand Yadav University Durg A State Government University Established Under The Chhattisgarh Act No. 16 Of 2015), Erstwhile Konwn As Durg University, Through Its Registrar, Raipur Naka, Durg Chhattisgarh 491001. EmilRegistrar@Durguniversity.Ac.In Website - www.Durguniversity.ac.in ---- Respondent _____________________________________________________________________ For Petitioners :

Shri B. P. Sharma, Advocate For Respondent :

Shri R.S. Marhas, Advocate ______________________________________________________________________ Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per, Ajay Kumar Tripathi, Chief Justice 14.03.2019 1.

Heard counsel for the Petitioners, counsel for the Respondent. 2.

The circumstances under which the contract was awarded to the Petitioner in relation to examination work of the University has been talked about in detail. The various shortcomings and inadequacy were also conveyed by the University from time to time. All these culminated into a communication made by the Petitioner himself to the Registrar of the University on 25.05.2018 that University should terminate the agreement, but release the payment for the work done till date.

3.

In view of the same, we are not required to go into the decision of the University to go for a fresh tender which is inevitable. However, the settlement of the bills of

the work done against the tender, Court is informed that 50% of the payment has already been done. With regard to the balance, the Petitioner is free to approach the University who are directed to take a decision within a period of three months from the date of production of a copy of this order. If a claim is raised by the Petitioner.

4.

Writ stands disposed off in terms of the above. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Chandra