Delhi High Court - Orders
Feedback Infra Pvt. Ltd vs National Highways And Infrastructure ... on 15 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2960/2023 & CM APPLs. 11547/2023, 11548/2023,
11562/2023
FEEDBACK INFRA PVT. LTD. ..... Petitioner
Through: Mr. Jayant Mehta, Sr. Advocate , Ms.
Meghna Mishra, Mr. Ankit Rajgarhia,
Mr. Tarun Mehta & Ms Palak Sharma
Advocates. [M:9818855771]
versus
NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD ..... Respondent
Through: Ms. Ruhira Gupta & Ms. Nancy Shah,
Advocate for NHIDCL.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.03.2023
1. This hearing has been done through hybrid mode. CM APPL. 11547/2023(for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL. 11548/2023(for additional documents)
3. This is an application seeking permission to file additional documents. The permission to file additional documents is granted. Application is disposed of.
W.P.(C) 2960/2023 & CM APPL. 11562/2023
4. The Petitioner challenges the termination notice dated 1st February, 2023 issued by the Respondent- National Highways & Infrastructure Development Corporation Limited (NHIDCL) bearing Termination Notice No. NHIDCL/BM-BRT/01/2015/Feedback/DPR/152221/2079. The case of Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.03.2023 16:36:57 the Petitioner is that the termination would have an adverse consequence on the Petitioner inasmuch as the Petitioner's ongoing contracts as also submission of future bids would be affected.
5. Mr. Jayant Mehta, ld. Sr. Counsel submits that 75% of the consultancy work has already been prepared. Ms. Gupta submits that the Respondent was compelled to terminate in view of the repeated non- performance and non-adherence to deadlines.
6. A perusal of the list of dates in this case shows that the contract was awarded for consultancy services way back on 29th August, 2016 and the same relates to consultancy services for carrying out feasibility study, preparation of detailed project report and providing pre-construction services for up-gradation of two-lane with paved shoulders National Highway in the Assam-West Bengal area, under the BHARATMALA project. The said contract for consultancy services was awarded with a stipulated time of completion of 365 days and at a Contract Price of INR 10,82,69,460/-. Clearly there has been inordinate delay but the reasons for the delay and as to who is responsible is contested.
7. Considering the nature of the matter, the Court at the prima facie stage, is inclined to only direct that the impugned termination notice dated 1st February, 2023 would not affect any ongoing projects which the Petitioner is executing for the Respondent.
8. Let the counter affidavit be filed within four weeks. Rejoinder, thereto, be filed within four weeks.
9. Ld. counsel for the Respondent challenges the maintainability of the present petition in view of the arbitration clause. Let the said objection of maintainability be taken in the counter affidavit.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.03.2023 16:36:5710. List before Registrar on 28th April, 2023.
11. List before Court on 27th July, 2023.
PRATHIBA M. SINGH, J.
MARCH 15, 2023 dj/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.03.2023 16:36:57