Delhi High Court - Orders
Geeta Jeena vs Govt Of Nct Of Delhi And Ors on 25 August, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:26.08.2021 13:52:28
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3441/2021
GEETA JEENA ..... Petitioner
Through: Ms. Seema Bengani, Advocate.
versus
GOVT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Gautam Narayan, ASC with Ms.
Asmita Singh, Advocate for GNCTD.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 25.08.2021
1. This hearing has been done through video conferencing. CM APPL. 27841/2021 (for directions) in WP(C) 3441/2021
2. This is a fresh application filed by the Petitioner, seeking permission to participate in the Notice Inviting Tender bearing No. DTIDC/JULY/2021-22/35 (hereinafter, "NIT"), dated 27th July, 2021, which has been reissued on 11th August, 2021.
3. The case of the Petitioner is that the Petitioner has been blacklisted, vide letter dated 16th February 2021, for a period of five years, including the present financial year, and accordingly, she is unable to participate in the said NIT that has been issued. The challenge to the said letter by which the Petitioner was blacklisted is pending in the present petition, and notice was issued in the matter on 17th March 2021.
4. The Petitioner has a total of four shops, two of which are subject matter of W.P.(C) 3733/2020, which are pending before this court. Apart W.P.(C) 3441/2021 Page 1 of 4 Digitally Signed By:DINESH SINGH NAYAL Signing Date:26.08.2021 13:52:28 from the said two shops, the licenses in respect of the other two shops are stated to be coming to an end on 3rd November, 2021 and 10th January, 2022. Accordingly, the Petitioner wishes to participate in the tender which has now been issued on 11th August 2021, for shops in the ISBT- Anand Vihar & Vir Hakikat Rai, ISBT- Sarai Kale Khan, and ISBT-Kashmere Gate, Delhi for commercial utilization.
5. Ms. Seema Bengani, ld. Counsel for the Petitioner, submits that the last date for submitting the bid qua the NIT, for participation is 26th August, 2021 and the last date for purchase is today i.e. 25 th August, 2021. She submits that the Petitioner has a good track record and it was only in view of some medical exigency that the Petitioner could not deposit the payment for the earlier bid, in respect of Shop No.41, ISBT- Kashmere Gate, which led to the blacklisting of the Petitioner.
6. Ms. Asmita Singh, ld. Counsel for the Respondent, submits that the conduct of the Petitioner does not deserve any indulgence of this Court. She submits that the Petitioner is a chronic defaulter and had earlier been declared successful in respect of Shop No.41, ISBT- Kashmere Gate, but chose to make various excuses for not depositing the license fee. Initially medical exigency was cited and thereafter the farmers' agitation was given as the excuse. However, she submits that she has now received instructions that the last date for purchase of the tender document has been extended to 9th September, 2021, and the last date for submission of the bid is 10th September, 2021.
7. A perusal of the order dated 17th March, 2021 shows that this Court had not stayed the blacklisting of the Petitioner and the forfeiture of the Earnest Money Deposit (EMD), however, the Petitioner was given liberty to W.P.(C) 3441/2021 Page 2 of 4 Digitally Signed By:DINESH SINGH NAYAL Signing Date:26.08.2021 13:52:28 approach the Court, in case of any future tender being called for by the Respondent. The relevant portion of the said order reads as under:
"8. In view of the above, since there is an admitted default on the part of the Petitioner by not honouring the bid submitted by her and despite extension for payment being offered today, which was sought by the Petitioner herself, the Petitioner does not wish to avail of the same, no interim order is being granted at this stage. The Petitioner cannot firstly seek extension on medical grounds and now cite other reasons such as kisan andalon for not honouring her bid. The application for stay being CM APPL. 10459/2021 is accordingly rejected at this stage. However, the period of blacklisting and whether both forfeiture of EMD and blacklisting can be simultaneously imposed, deserves consideration. If there is any future tender called by the Respondent, the Petitioner is given liberty to approach the Court."
8. It is pursuant to this liberty given by the court in the order extracted above, that the present application has been filed by the Petitioner.
9. Issue notice in the application.
10. Let reply to this application be filed by 3rd September, 2021. Rejoinder, thereto, be filed by 6th September, 2021.
11. This court is of the opinion that irrespective of the NIT itself, the question as to the validity and legality of the blacklisting would have to be adjudicated first by this Court, before passing any orders in the present application. No interim orders can be passed at this stage.
12. List on 7th September 2021.
WP(C) 3441/2021
13. Counter Affidavit is stated to have been filed two days ago. Let the same be brought on record. Rejoinder, thereto, be filed by 6th September, W.P.(C) 3441/2021 Page 3 of 4 Digitally Signed By:DINESH SINGH NAYAL Signing Date:26.08.2021 13:52:28 2021.
14. List on 7th September 2021.
PRATHIBA M. SINGH, J.
AUGUST 25, 2021/Rahul/AK W.P.(C) 3441/2021 Page 4 of 4