Delhi High Court - Orders
Radise-Esscon-Aft (Jv) vs Rites Ltd on 19 March, 2024
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 178/2024
RADISE-ESSCON-AFT (JV) ..... Petitioner
Through: Mr. Brijesh Kumar Goel, Mr. Rajeev
Kumar and Mr. Sajal Goel, Advs.
versus
RITES LTD ..... Respondent
Through: Mr. Balendu Shekhar, Mr. Rajkumar
Maurya and Mr. Krishna Chaitanya,
Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 19.03.2024
1. Mr. Goel, learned counsel for the petitioner seeks to approach the Engineer-in-Charge in terms of Clause 25 (ii) of the Letter of Award (LOA) dated 23.09.2021.
2. He states that in case the Engineer-in-Charge fails to act in terms of the agreement, he may not be required to go to EC as the same is appointed by the respondent. He further states that the requirement of going to EC against the order of Engineer-in-Charge is hit by the observations of "Perkins Eastman Architects DPC & Ors. vs. HSCC (India) Ltd." [(2020) 20 SCC 760]. It is stated that he will take steps in terms of Clause 25(ii).
3. Granting the liberty to the petitioner to invoke Clause 25 (ii) of the LOA, the petition is disposed of. The petitioner is granted liberty to revive 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 30/03/2024 at 00:19:35 the petition and/or file a fresh petition as and when the mechanism envisaged under Clause 25 of the LOA is complied with.
JASMEET SINGH, J MARCH 19, 2024/NG Click here to check corrigendum, if any 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 30/03/2024 at 00:19:35