IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.657 of 2008 THE UNION OF INDIA & ORS Versus M/S SATAV INFRASTRUCTURE PVT.Ltd. ----------- For the appellants: Mr. P.K. Shahi, Senior Advocate Mr. Sanjay Kumar , Advocate For the Respondents : Mr. Y.V. Giri, Senior Advocate Mr. Mrigank Mauli, Advocate -------- P R E S E N T Hon'be the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 18th September, 2008. The senior counsel for the appellants and the senior counsel for the respondent are ad idem that Letters Patent Appeal may be disposed of by the following consensual order: 1. The order passed by the Single Judge dated 25th July, 2008 is maintained subject to the respondent complying with the following conditions:- (i) that respondent shall execute the formal agreement with the appellant within one month from today; (ii) that respondent shall deposit earnest money in the sum of Rs48,87,500/- within one month from today in case the said amount has been withdrawn by the respondent. However, the appellants shall not insist - 2 - for renewal or for execution of fresh bank guarantee for due performance of contract by the respondent since they have already encashed the bank guarantee furnished by the respondent earlier. Upon satisfactory completion of work by the respondent, the amount of bank guarantee shall be refunded by the appellants to the respondent without any delay; (iii) that respondent shall set up the site camp and mobilize men and machinery there within one month from today; (iv) that the respondent shall complete 5% of WMM and culverts within three weeks of designs and drawings of culverts being supplied by the appellants to the respondent; (v) that the respondent shall complete the work under contract within one year from the supply of designs and drawings of the culverts or setting up of site camp and mobilization of men and machinery, whichever is later. 2. The terms of the tender notice shall remain as it is save and except to the extent noticed above. 3. The parties reiterate that they shall abide by Clause 6.4.2 of General Conditions of Contract for CPWD Works, 2005. - 3 - 4. In case of breach of condition nos. (i) to (v) by the respondent, the appellant shall be at liberty to file application for revival of the appeal. 5. Letters Patent Appeal stands disposed of, accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/