$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 24.05.2017
+ W.P.(C) 4140/2017 & CM No. 18118/2017 (stay)
ASHWATH INFRATECH PVT LTD & ANR. ..... Petitioners
versus
NATIONAL MISSION FOR CLEAN GANGA
AND ANR.
..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vineet Malhotra and Mr. S. Kaushik, Advs.
For the Respondent : Mr. P. Kumar, Sr. Adv. with Mr. S. Mishra and Mr.
Ishwar Singh, Advs. for NMCG
Ms. Shreya Sinha, Adv. for R-2
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.05.2017 SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners, by the present petition, impugn the show cause notice dated 09.05.2017 issued by respondent no. 1, whereby the petitioners have been directed to deploy the trash skimmers by 12.05.2017, failing which the contract awarded to the petitioners would stand terminated.
WP(C) 4140/2017 Page 1 of 4
2. It is contended that in terms of the time period prescribed under the contract, the petitioners were granted 36 months from the date of deployment of equipment to complete the contract. The equipment was to be deployed on the respondent's location within 90 days from the date of issuance of the letter of acceptance or within 30 days of intimation of deployment location by respondent no. 1, whichever was later.
3. Learned counsel for the petitioners submits that the respondents have not intimated the deployment location and as such, the period for deployment has not elapsed.
4. It is contended that in the letter of award as well as the tender contract, it is mentioned that the petitioners are to deploy the equipment in the State of West Bengal at Kolkata and Nabadwip. It is submitted that petitioners have not been intimated the exact location m Kolkata and Nabadwip where the equipment is to be deployed. WP(C) 4140/2017 Page 2 of 4
5. Learned counsel submits that the petitioners have procured the equipment and the same have already reached the respective places of deployment.
6. Learned counsel for the respondent, disputes that the respondents have not pinpointed the locations where the trash skimmers have to be deployed. He, however, under instructions, from Dr. Dharma Rao, Dy. Director-General, National Mission for Clean Ganga who is present in court, submits that without prejudice to the rights of the respondents in terms of Clause 15.2 of the contract agreement dated 11.04.2017, with the petitioner, the respondents are willing to give one more opportunity to the petitioner to deploy trash skimmers by 09.06.2017.
7. Learned counsel further submits that the respondents reserve their right to take appropriate action in terms of Clause 15 of the said contract for the delayed period.
8. Without getting into the above controversy, it is directed that the officers of the petitioner shall visit the office of the Procurement WP(C) 4140/2017 Page 3 of 4 Specialist at Kolkata Municipal Corporation tomorrow at 10 am. The concerned officer of the Respondent shall identify the exact location where trash skimmers are to be deployed in Kolkata and Nabadwip. The Petitioners shall thereafter deploy their trash skimmers by 09.06.2017.
9. This would be without prejudice to the rights and contentions of the parties under clause 15 of the agreement. In case the respondents initiate any action in terms of Clause 15 of the said agreement, the petitioner would be entitled to defend the same in accordance with the contract.
10. The writ petition is disposed of in the above terms.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J MAY 24, 2017 'rs' WP(C) 4140/2017 Page 4 of 4