Supreme Court - Daily Orders
Sarr Freights Corporation vs Cjdarcl Logistics Ltd. on 5 August, 2022
Bench: Sanjay Kishan Kaul, M.M. Sundresh
1
ITEM NO.36 COURT NO.4 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12732/2022
(Arising out of impugned final judgment and order dated 01-06-
2022/03-06-2022 in WPC No. 10369/2021 passed by the High Court Of
Delhi At New Delhi)
SARR FREIGHTS CORPORATION Petitioner(s)
VERSUS
CJDARCL LOGISTICS LTD. & ORS. Respondent(s)
IA No. 99580/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 99579/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-08-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Parag P. Tripathi, Sr. Adv.
Mr. Jayant Mehta, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agrawala, Adv.
Mr. Karan Luthra, Adv.
Mr. Pranjit Bhattacharya, Adv. Ms. Shruti Arora, Adv.
Mr. E. C. Agrawala, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing c/c of the impugned judgment and permission to file additional documents/facts/annexures are allowed. Signature Not Verified
Learned senior counsel for the petitioner Digitally signed by ASHA SUNDRIYAL Date: 2022.08.06 12:35:01 IST Reason: contends that by the interim orders, the black listing orders were stayed by the High Court and in 2 the format in which the petitioner was required to fill the tender documents, any alteration or disclosure of such facts would have resulted in the possibility of the tender being rejected on technical grounds.
He further submits that the fact is that the contract has been permitted to be executed but a penalty has been imposed on the petitioner, initially of a much larger amount perceived on the total value of the contract which was mistaken by one digit figure and later on modified, on the same percentages to the total figure of the contract which is actually about Rs.12.15 crores.
Issue notice limited to the aforesaid aspect returnable in four weeks.
The penalty imposed by the impugned order dated 03.06.2022 is stayed in the meantime.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)