Delhi High Court
Ashwath Infratech Pvt Ltd & Anr. vs National Mission For Clean Ganga ... on 24 May, 2017
$~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.
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.
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
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'
