Delhi High Court - Orders
Vectra Advanced Engineering Pvt Ltd & ... vs Union Of India & Anr on 6 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 252/2020, CM Nos.22796/2020, 31834/2020 & 31889/2020
VECTRA ADVANCED ENGINEERING
PVT LTD & ANR. ..... Appellants
Through: Mr Atul Nanda, Sr. Adv. with Mr
Balaji Subramanian, Ms Ishani
Banerjee and Mr Martand Singh,
Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr Rajesh Kumar, CGSC.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 06.05.2022 [Physical Court Hearing/Hybrid Hearing (as per request] CM No.31834/2020
1. The above-captioned application has been filed on behalf of the appellants, to place on record certain developments which occurred during the pendency of the appeal.
1.1. In effect, the appellants seek to place on record a communication dated 16.11.2020, whereby the subject Request for Proposal (RFP) was "retracted" under the provisions of paragraph 38 of the RFP issued under Defence Procurement Procedure - 2011 [in short "DPP"]
2. In response to the above-captioned application, a reply has been filed on behalf of the respondents.
2.1. It is not disputed by Mr Rajesh Kumar, who appears on behalf of the respondents, that the subject RFP has been retracted, as indicated hereinabove.
LPA 252/2020 page 1 of 3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:10.05.2022 15:59:17
3. Therefore, without prejudice to the rights and contentions of the respondents, the aforesaid document is taken on record.
4. The application is disposed of, in the aforesaid terms.
CM No.31889/20205. The relief sought on behalf of the appellants in the above-captioned application is identical to the relief sought via CM No.31834/2020.
6. Mr Atul Nanda, learned senior counsel, who appears on behalf of the appellants, on instructions, says that, in view of the order passed in CM No.31834/2020, he does not wish to press this application further.
7. The application is, accordingly, dismissed as not pressed. LPA 252/2020 & CM No.22796/2020 [Application filed on behalf of the appellant for interim relief]
8. The appeal is directed against the learned single judge‟s judgment dated 18.08.2020, passed in W.P.(C) No.4443/2020.
9. Mr Nanda says that the appellants are aggrieved on account of the following :
9.1. First, the subject bank guarantee dated 04.09.2014 amounting to Rs.3 crores, which was extended on 05.11.2019, ought not to have been encashed.
9.2.(a) Second, although appellant no.1 was issued a suspension order dated 14.08.2020 on account of the registration of FIR No. RC AC1 2012 A0004, dated 30.03.2012 (Tatra Truck Deal Case) and FIR No. RC AC1 2012 A001, dated 19.10.2012 (Case of alleged bribery filed by Gen V.K. Singh, ex COAS), the final outcome of these FIRs is not known.
LPA 252/2020 page 2 of 3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:10.05.2022 15:59:17 9.2.(b) For this purpose, our attention has been drawn to respondent no.1‟s reply to CM No.31834/2020, which has been disposed of today. A perusal of the said document dated 14.08.2020 would show that appellant no.1‟s suspension was to last for one year.
10. Given the foregoing circumstances, Mr Kumar will obtain instructions in the matter, as to what is the present status of appellant no.1 i.e., whether or not appellant no.1 can participate in future tenders, that may be floated by the respondents.
10.1. In this regard, relevant provisions of the Pre-Contract Integrity Pact [PCIP] would be kept in mind.
10.2. If any decision is taken by the concerned authority in this regard, the same will be placed before the court on the next date of hearing.
11. List the matter on 26.07.2022.
RAJIV SHAKDHER, J POONAM A. BAMBA, J MAY 6, 2022 aj Click here to check corrigendum, if any LPA 252/2020 page 3 of 3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:10.05.2022 15:59:17