Decentrik Technician Pvt. Ltd. vs State Of U.P. And 2 Others
2019 Latest Caselaw 4073 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 15494 of 2019
 

 
Petitioner :- Decentrik Technician Pvt. Ltd.
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Prateek Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Heard Sri Vibhu Rai, learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner was granted a contract on 25.9.2018 for the instalment of about 200 Water Coolers (Water A.T.Ms.) phase wise in the city of Prayagraj during the Kumbh Mela, 2019. The said contract has been cancelled by the impugned order dated 22.2.2019 issued by the Chief Executive Officer, Prayagraj Smart City Ltd. This order has been issued pursuant to the show cause notice dated 29.11.2018.

The submission is that there was no breach of the conditions of the contract by the petitioner and since the locations for installing of the Water Coolers (Water A.T.Ms.) were not allocated, the petitioner could not instal the Water Coolers (Water A.T.Ms.). However, as only one location was allotted a Water Coolers (Water A.T.Ms.) at that location has already been installed and it is in a working condition. The respondents cannot cancel the entire contract for their own fault.

A bare perusal of the show cause notice also indicates that there is no specific allegation regarding any breach of condition except for a vague assertion that it is not possible for the petitioner to place 100 Water Coolers (Water A.T.Ms.) in operation by the end of the November, 2018.

Notwithstanding the arbitration clause, we would like the respondents to seek instructions within two weeks as to the actual state of affairs regarding the work of installment of Water Coolers (Water A.T.Ms.)

List on 20.5.2019.

Order Date :- 3.5.2019

Pramod Tripathi