Delhi High Court
Sahakar Global Ltd And Anr vs National Highway Authority Of ... on 24 June, 2020
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision : 24.06.2020
+ W.P.(C) 3708/2020
SAHAKAR GLOBAL LTD AND ANR ..... Petitioners
Through: Mr.Sudhanshu Batra, Sr. Adv.
with Mr.Praveen Agrawal and
Mr.Harish Agrawal, Advs.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA AND ANR
..... Respondents
Through: Mr.Sanjay Jain, ASG &
Mr.Narendra Hooda, Sr. Adv.
with Mr.Talvinder Siddhu,
Ms.Padma Priya & Ms.Neetica
Sharma, Advs for R-1.
Mr.Abhay Prakash Sahay,
CGSC with Ms.Mannu Singh,
Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
This hearing has been held through video conferencing.
CM APPL. 13281/2020 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 3708/2020 Page 1
Court fee, if payable, shall be deposited online with the
concerned authority within a period of one week and physical stamp
be filed within 72 hours from the date of resumption of regular
functioning of the Court, as mandated in terms of Office Order dated
April 04, 2020 issued by this Court.
Application is disposed of.
W.P.(C) 3708/2020 & CM APPL. 13282/2020 (Stay)
1. As a short question is involved, the petition is being taken up
for disposal at this stage itself.
2. This petition has been filed by the petitioners primarily claiming
relief under Clause 25 of the Contract which has been executed
between the petitioners and the respondent no.1.
3. It is the case of the petitioners that the petitioner no. 1 has
lodged its claim under Clause 25 (Force Majeure clause) of the
Contract on 19.03.2020, however, the respondent no.1 is yet to take a
decision thereon.
4. The learned senior counsel for the petitioners submits that in the
meantime, the respondent no.2 has issued various orders recognizing
the force majeure conditions as also granting certain relief measures to
the Concessioners by its Office Order dated 18.05.2020. However,
the same is not in accordance with the contractual terms. The
respondent no. 2 thereafter issued a further direction by its order dated
03.06.2020 directing the respondent no.1 to adjudicate the claims of
the Concessioners in accordance with the Contract. He submits that
the petitioners have presently submitted security of around Rs.160
W.P.(C) 3708/2020 Page 2
crores for the contracts in question, in the form of Bank Guarantee(s)
and Performance Security(s), including cash security of Rs.91 crores.
5. On the other hand, the learned ASG submits that the claim of
the petitioners could not be processed by the respondents due to lack
of documentation from the petitioners. He further submits that in any
case, the petitioners would not be entitled to any relief as the
petitioners have not paid any amount to the respondents between the
period commencing from 23.03.2020 to 25.03.2020, and after
15.04.2020.
6. The learned ASG further submits, that the petitioners are also
not entitled to claim benefit under the Office Memorandum dated
18.05.2020 issued by the respondent no.2 inasmuch as the petitioner
no. 1 was a defaulter as on 19.02.2020.
7. The learned senior counsel for the petitioners refutes the above
submissions of the learned ASG and submits that no amount was
payable for the above period in dispute and in fact, the petitioners are
to make recovery from the respondent no.1 for the said period. He
further submits that the respondent no.1 has not raised any demand for
any documents being lacking in the claim of the petitioners.
8. I have considered the submissions made by the learned
Counsels. As the learned ASG appearing for the respondent no. 1 has
stated that the claim of the petitioners shall be considered strictly in
accordance with the Contract executed between the petitioners and the
respondent no.1 and the Contract provides for such consideration
within a period of 7 days (as far as interim relief is concerned) and
within 15 to 30 days (as far as final relief is concerned) as also
W.P.(C) 3708/2020 Page 3
keeping in view the fact that the petitioners have sought termination of
the Contract with effect from 30.06.2020, it is directed that the
respondent no.1 shall decide on the claims of the petitioners within a
period of two weeks from today. In case, any additional document is
sought for from the petitioners, demand for the same be sent to the
petitioners within two days from today. The petitioners shall supply
these documents to the respondent no.1 within three days of receipt of
such demand. No coercive action shall be taken by the respondent
no.1 against the petitioners for recovery of any claimed amount for a
period of one week after the communication of its decision on the
claim of the petitioners, to the petitioners. The petitioners, if aggrieved
of the decision taken by the respondent no.1 on its claim under Clause
25 of the Contract, shall be free to agitate the same in accordance with
law and in appropriate proceedings. The petitioners shall, however,
continue to deposit the admitted toll collected at various toll plazas
with the respondent no.1, after deducting the retention amount as
claimed by them during this period. If any such amount has become
payable as admitted by the petitioners for the earlier period, the same
shall also be deposited by the petitioners with the respondent no. 1
within a period of one week from today.
9. The petition is disposed of in the above terms.
NAVIN CHAWLA, J
JUNE 24, 2020/rv
W.P.(C) 3708/2020 Page 4
