Delhi High Court - Orders
Gcvd Infratech Pvt. Ltd vs Union Of India And Ors on 17 August, 2020
Author: Navin Chawla
Bench: Navin Chawla
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9165/2019
GCVD INFRATECH PVT. LTD. ..... Petitioner
Through Mr.Kirti Uppal, Sr. Adv. with
Mr.Ankit Gupta, Mr.S.C.Gupta,
Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through Ms.Nidhi Mohan Parashar, Adv. for
Mr.Jasmeet Singh, CGSC, UOI.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 17.08.2020 This hearing has been held by video conferencing. CM 17220/2020(direction)
1. The learned counsel for the respondents has filed an affidavit, copy whereof has been supplied to this Court. In the said affidavit, it is stated inter alia as under:
"4. I state that if the Petitioner applies for renewal of enlistment, the application of the Petitioner shall be considered as per the policy applied to all contractors in terms of the MES Manual of Contracts, 2007 amended from time to time for every cyclic period of 5 years. The Petitioner will be required to meet the technical and financial capabilities in terms of the Contractors Enlistment Rules. If the Petitioner meets all the requisites as per the rules, the Petitioner will be enlisted, after obtaining approval from competent authorities, subject to the outcome of the proceedings pending against the Petitioner namely -
i. CA No. CE(A&N) Z/PB/11 of 2008-09 : The arbitration award in favour of the Petitioner has been challenged by the Respondent under Section 34 of the Arbitration and Conciliation Act. 1996 vide OS No. 6/2018 and the said award has been stayed. The proceedings are pending in the District Court of Port Blair.
ii. Dispute in CA No. CE (A&N)Z/PB/04 of 2009-10 is pending in District Court Port Blair for appointment of arbitrator. The Respondent has substantial claims in the said matter as well.
5. The Respondents reserve the right to remove the Petitioner, if enlisted, in case the claims of the Respondent are accepted by the court/in arbitration proceedings."
2. The learned senior counsel for the petitioner submits that though the petitioner has already applied for renewal of enlistment, to abate any objection thereto, the petitioner shall apply afresh by tomorrow.
3. On receipt of such application and in terms of paragraphs 4 and 5 of the affidavit as stated hereinabove, the respondents shall take a decision on such application within ten days of receipt thereof and communicate it to the petitioner.
4. The present order shall not prejudice either parties.
5. With the above directions, the application is disposed of. WP(C) 9165/2019 List as per the general directions/Orders of listing issued by the Delhi High Court.
NAVIN CHAWLA, J AUGUST 17, 2020 RN