Supreme Court - Daily Orders
New Delhi Municipal Council vs Mis Best Buildwell Pvt. Ltd. on 3 February, 2023
Bench: Dinesh Maheshwari, Hrishikesh Roy
ITEM NO.13 COURT NO.6 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL)………….. Diary No(s).39349/2022
(Arising out of impugned final judgment and order dated 02-09-2022
in WP(C) No.8635/2022 passed by the High Court Of Delhi At New
Delhi)
NEW DELHI MUNICIPAL COUNCIL Petitioner(s)
VERSUS
M/S BEST BUILDWELL PVT. LTD. Respondent(s)
(FOR ADMISSION and I.R. and IA No.16432/2023-CONDONATION OF DELAY
IN FILING and IA No.16434/2023-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.16433/2023-CONDONATION OF DELAY IN
REFILING / CURING THE DEFECTS and IA No.16435/2023-PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 03-02-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Yoginder Handoo, AOR
Mr. Ashwin Kataria, Adv.
Mr. Garvit Solanki, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Learned counsel for the petitioner submits that the fact of the matter remains that the respondent had withdrawn his earnest money deposit and this fact was clearly pleaded in the counter affidavit; and existing such a fact, the respondent was not entitled to seek any relief in relation to the contract in question Signature Not Verified Digitally signed by Harshita Uppal Date: 2023.02.03 from the writ Court.
17:25:20 IST Reason:
However, such an aspect regarding withdrawal of earnest money deposit by the respondent does not appear to have gone into consideration of the High Court in the order impugned. Learned counsel for the petitioner further submits, on instructions, that as regards the tender process in question, in view of subsequent events and force of circumstances because of withdrawal of the offer by other bidders including the lowest one, the petitioner proposes to cancel the entire process and invite the bids afresh.
Having regard to the submissions sought to be made, we permit the petitioner to withdraw from this petition and to approach the High Court by way of a review petition.
We hope and trust that while ignoring the question of delay, the High Court would be considering the review petition, if so filed, on its own merits.
With the aforesaid liberty and observations, this petition at this stage stands dismissed as withdrawn with further liberty to the petitioner to approach this Court over again in relation to the impugned order dated 02.09.2022 as also in relation to any other orders subsequently passed, if occasion so arise. (GAGANDEEP SINGH CHADHA) (RANJANA SHAILEY) (SENIOR PERSONAL ASSISTANT) COURT MASTER (NSH)