Delhi High Court - Orders
Pma Construction Co vs Ministry Of Road Transport And Highway on 10 November, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 361/2021
PMA CONSTRUCTION CO ..... Petitioner
Through Mr. Hrishikesh Chitaley, Adv.
versus
MINISTRY OF ROAD TRANSPORT AND
HIGHWAY ..... Respondent
Through None.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 10.11.2021 I.A. 14563/2021 & I.A. 14564/2021
1. Exemption is allowed, subject to all just exceptions.
2. The applications are disposed of.
O.M.P.(I) (COMM.) 361/2021
3. None appears for the respondent despite service of advance notice.
4. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act'), inter alia, praying as under: -
"A. An Ad-interim/interim inunction Restraining the Respondent, its Engineer, Officers, assigns or any other person acting on its behalf from taking any further prejudicial action against the Petitioner in terms of the "Intention to terminate" issued on 27/10/2021".Signature Not Verified Digitally Signed By:DUSHYANT RAWAL
5. The learned counsel appearing for the petitioner submits that in terms of the Contract between the parties, the respondent had issued a Cure Period Notice dated 22.09.2021 instructing the petitioner to clarify the delay in achieving the milestones and to cure the defaults within a period of sixty days from the date of the said notice. The petitioner was also cautioned that in the event of its failure to cure the defaults within the specified time, action under Clauses 23.1.1 and 23.1(c) of the Agreement in question would be taken for termination of the Contract. He submits that notwithstanding that the said period of sixty days has not elapsed, the respondent has issued a letter dated 27.10.2021 communicating the respondent's intention to terminate the Agreement.
6. He submits that the said notice is contrary to the terms of the Cure Period Notice dated 22.09.2021.
7. Issue notice, returnable on 22.11.2021.
8. On the petitioner taking steps, notice shall go by speed post and electronic modes. Dasti, in addition. Dasti notice shall be served in person.
9. An affidavit of service be filed at least one week before the next date of hearing.
10. In the meanwhile, the respondent is restrained from acting pursuant to the notice dated 27.10.2021 for a period of sixty days to be reckoned from 22.09.2021.
11. It is also clarified whilst the respondent is restrained from terminating the Contract pursuant to the aforementioned notice dated 27.10.2021; the petitioner would comply with the said notice and show cause why the Contract be not terminated. The same will be considered by the respondent, however, any adverse decision against the petitioner would not be taken for Signature Not Verified Digitally Signed By:DUSHYANT RAWAL a period of sixty days from 22.09.2021.
VIBHU BAKHRU, J NOVEMBER 10, 2021 'gsr' Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DUSHYANT RAWAL