Joginder Singh Wadhwa vs Municipal Corporation Of Delhi & ...
2010 Latest Caselaw 1235 Del

07
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 7573/2008

       JOGINDR SINGH WADHWA                   .... Petitioner
                       Through              Ms. Geeta Luthra, Sr. Adv. with Mr. B.P.
                                            Singh, Adv.

                      versus

       MCD & ANR                    ..... Respondent
                               Through        Ms. Maninder Acharya, Adv.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
           ORDER

% 04.03.2010

1. The petitioner a class-II contractor had applied for upgradation as a class-I

contractor. As there was delay in disposal of his application, the petitioner had

earlier filed W.P.(C) No.5431/2008, which was disposed of on 29 th July, 2009,

giving liberty to the petitioner to submit a consolidated representation along with

supporting documents, with direction to the respondent, MCD to pass a speaking

order either upgrading the petitioner as a class-I contractor or rejecting his

application with reasons.

2. Pursuant to the said direction, the matter was considered by the Board

and by letter dated 6th October, 2008, the petitioner was informed that his

application for upgradation as a class-I contractor stands rejected.

3. The reasons recorded by the respondent in the letter dated 6th October,

2008 are as under:-

WPC No.7573/2008 Page 1 "Whereas the report received from Executive Engineer (M-S)-I, South Zone revealed that three work orders bearing No. EE-IV/SZ/TC/2005-

06/663, dated 16th March, 2006, EE-

IV/SZ/TC/2005-06/668, dated 16th March, 2006 and EE-IV/SZ/TC/2005-06/670, dated 16th March, 2006 were awarded to M/s. Manmohan Singh Wadhwa, the contractor, but the contractor did not carry out the work at site despite issuing of various letters/show cause notices/notices and instead of completing the work in question, M/s. Manmohan Singh Wadhwa preferred arbitration proceedings bearing petition Nos.452/07. 453/07 and 454/2007 which are pending before Shri Alok Singh Advocate, as Sole Arbitrator."

4. Learned counsel for the petitioner submits that arbitration proceedings

have concluded and an award dated 31st August, 2009 has been passed. Learned

counsel for the petitioner, in this connection, has drawn my attention to the

affidavit filed by the petitioner that no other litigation is pending between the

parties. Counsel for the petitioner states at bar that no objection/appeal has

been filed against the award by either side.

5. In view of the fact that an award has now been passed by the learned

Arbitrator, the matter is remitted back to be re-examined by the Board in the

light of the findings given by the learned Arbitrator. Accordingly the respondent,

MCD will re-examine the question of upgradation in light of the award and pass a

speaking order rejecting or accepting the request of the petitioner for

upgradation. The aforesaid exercise will be completed expeditiously, preferably

within a period of eight weeks.

WPC No.7573/2008 Page 2

5. The writ petition is disposed of. It is clarified that this Court has not

expressed any opinion on merits, findings and the effect of the award.

SANJIV KHANNA, J.

      MARCH 04, 2010
      NA




WPC No.7573/2008                                                         Page 3