Delhi High Court - Orders
Nsc Projects Pvt Ltd vs Union Of India And Ors on 6 November, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15480/2024
NSC PROJECTS PVT LTD .....Petitioner
Through: Mr. Darpan Wadhwa, Senior
Advocate with Ms. Kanika Singh, Mr.
Nikhil Saini and Mr. Amir,
Advocates.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Deepak Tanwar, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 06.11.2024 CM APPL. 64971/2024 (seeking exemption from filing certified copies/ originals of documents and from filing fair/ typed copies of dim documents)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. CM APPL. 64972/2024 (seeking stay) & W.P.(C) 15480/2024
4. The Petitioner, NSC Projects Pvt. Ltd., a contractor of Military Engineer Services,1 has successfully executed 25 projects for the Respondents and currently has 11 contracts in progress. They have filed the instant petition, assailing order dated 22nd October, 20242 passed by Respondent No. 1, whereby the Petitioner has been listed in "Work Load 1 "MES"
W.P.(C) 15480/2024 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2024 at 21:58:02 Return of "SS Class" Contractor for the Quarter Ending in June 2024"3 at S. No. 71. The Petitioner is aggrieved by the adverse remark in the column "whether considered for handling more work" recorded as "No, Slow Progress".
5. Mr. Darpan Wadhwa, Senior Counsel for Petitioner, asserts that the impugned listing has the effect of blacklisting/ debarment of the Petitioner from participating in any future contracts of the Respondents. To substantiate the same, he points out to communication dated 25th October, 2024, highlighting that the Petitioner's bid for another contract with the MES, has been rejected at the stage of technical evaluation, on account of adverse remark in the WLR.
6. Mr. Wadhwa submits that although the Respondents had issued a show cause notice dated 11th September, 20244 prior to the issuance of the impugned order, the same was responded to by the Petitioner, providing complete details of the reasons for the delay. He submits that the Respondents did not issue any communications to the Petitioner with respect to their response to the impugned SNC, but instead proceeded to list them in the WLR. Further, Mr. Wadhwa emphasises that the delay in the execution of the contract is attributable to the Respondents.
7. Additionally, Mr. Wadhwa submits that in respect of the contract mentioned in the impugned SCN, the Petitioner has been granted Extension of Time ['EOT'] on multiple occasions, without imposition of any liquidated damages. He submits that even subsequent to the issuance of the impugned SCN, the Petitioner's request for EOT had been accepted by the Respondent 2 "impugned order"
3"WLR"4
"impugned SCN"W.P.(C) 15480/2024 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2024 at 21:58:02 through communication dated 11th October, 2024. In light of the foregoing, Mr. Wadhwa argues that since the Respondents themselves agreed to grant extensions to the Petitioner, the adverse remark regarding "slow work progress" is unjustified.
8. The Court has considered the submissions of the Petitioner, and is of the opinion that the Petitioner has made a prima facie case. Accordingly, the following directions are issued:
(i) Till the next date of hearing, the impugned communication dated 22nd October, 2024, shall be kept in abeyance.
(ii) The Respondents are directed to remove the adverse remark recorded against the Petitioner from the WLR.
9. It is clarified that the Petitioner's participation in subsequent tenders will not be rejected on ground of the remarks recorded in the impugned order dated 22nd October, 2024.
10. Issue notice. Mr. Deepak Tanwar, counsel for the Respondents, accept notice. Counter affidavit, if any, be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
11. Re-notify on 30th January, 2025.
SANJEEV NARULA, J NOVEMBER 6, 2024 as W.P.(C) 15480/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2024 at 21:58:02