The applicant sought a No-Dues Certificate to participate in an expired 2018 tender. The court set aside the stale tender and granted liberty to the respondent to issue a fresh tender with new terms if necessary.
Set aside the 2018 tender and grant liberty to the respondent to float a fresh tender if needed.
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$~22
versus
NORTH DELHI MUNICIPAL CORPORATION AND ORS.
.....Respondents Through: Ms.Beenashaw Soni, SC with Ms.Latika Malhtora, ASC for MCD. Ms.Bhavna Arora, Adv for R-3.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R % 15.07.2024
"A. Issue a writ / order / direction in the nature of mandamus or any other appropriate writ / order / direction directing the respondents to issue no dues certificate and / or permit the petitioner to participate in the tender process and apply for allotment of tenders for advertisement rights;
B. In the alternative stay the aforesaid tender process during the pendency of the present petition;
C. Pass any other orders/directions as this Hon'ble Court may deem fit and proper in the circumstances of the present case."
This is a digitally signed order.
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"W.P.(C) 12700/2018
2. The petitioner's grievance in this case is that, as famishing of No-Dues Certificate from the Municipal Corporations was mandatory, to allow him to participate in the tender process floated by the Notice Inviting Tenders on 2nd November, 2018, he has been submitting letters from 13th November, 2018 onwards, to the various municipal corporations, requesting them for issuance of No-Dues Certificate, but these applications have met with no response.
3. It is in these circumstances, that the petitioner has approached by means of the present writ petition this Court, praying for issuance of No-Dues Certificate to him, so as to enable him to participate in the tender process which is scheduled to commence tomorrow. An interlocutory application being CM APPL. No.24496/2018, praying for a permission, to the petitioner, to participate in the tender process, has also been filed.
4. The learned counsel for the respondent, on the other hand, submits that the petitioner has no enforceable right in law, as there are several different pending cases against him which are subject matter of arbitration proceedings as well as other legal proceedings.
5. Mr. Jagdev Singh, learned counsel for the petitioner would submit, per contra, that various other persons, against whom similar claims are pending, have been issued No-Dues Certificate and are being allowed to participate in the tender process. He, therefore, submits that there is no justification to discriminate against his client.
6. In the circumstances, issue notice to the respondent to file their response within one week from today with an advance copy to the petitioner who may file rejoinder thereto, if any, within three days thereof.
7. Renotify the writ petition for hearing and disposal on December, 2018 at the end of the Board. CM APPL. No.49361/2018
8. This application seeks, as already noted hereinabove, an ad
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:17:06
interim order permitting the petitioner to participate in the tender process, scheduled to commence on 29th November, 2018.
9. The petitioner has approached this Court practically on the eve of the date of opening of tender. The parties who have been permitted to participate in the tender process have not been impleaded. For these reasons, as also because it is not in dispute that furnishing of No-Dues Certificate is mandatory for participating in the tender process, it is not possible for this court to grant any ad interim order permitting the petitioner to participate in the tender process without furnishing No-Due Certificate.
10. However, in view of the facts as already noted hereinabove, limited interim protection is granted, to the extent that the respondents are permitted to proceed with the tender process, but no final award of tender would be effected without securing leave of this Court.
11. CM stands disposed of accordingly. 12. A copy of this order be given dasti under the signatures of the Court Master."
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:17:06
filed an application seeking the aforesaid liberty.
PURUSHAINDRA KUMAR KAURAV, J
JULY 15, 2024/MJ
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:17:06
2 issues framed by the court
Whether an expired 2018 tender should be restarted or set aside in favour of a fresh tender.
To grant liberty to the respondent to float a fresh tender with new terms and conditions.
J. R. Creations Advertisers Pvt. Ltd.
North Delhi Municipal Corporation
Purushaindra Kumar Kaurav
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
