Disposed

Shiva Buildtech Pvt. Ltd. v. Northern Railway

Delhi HC4 Nov 2024W.P.(C)/14951/2024

Case brief

AI extract

What is this about?

Petitioner challenged a letter forfeiting its bid security and initiating business banning, alleging it violated a prior judgment. Court treated the letter as a show cause notice, directing the respondent to pass a speaking order within three weeks or refund the EMD.

What did the court decide?

Directed respondent to decide the matter via speaking order within three weeks; otherwise refund EMD of Rs.43,30,500/-.

Shiva Buildtech Pvt. Ltd. Vs Northern Railway — Contract and Commercial Disputes | Delhi HC (2024)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 14951/2024, CM APPL. 62717/2024 & CM APPL. 62718/2024

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SHIVA BUILDTECH PVT LTD .....Petitioner

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Through: Mr. Amit Tiwari, Amicus Curiae. Mr. Ramesh Kumar and Mr. Sarthak Sharma, Advocates for the petitioner.

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versus

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NORTHERN RAILWAY .....Respondent Through: Mr. Bhagvan Swarup Shukla, CGSC with Ms. Mahamaya Chatterjee, GP for UOI.

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CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

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O R D E R % 04.11.2024

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Present petition has been filed challenging letter dated 04^th September, 2024 issued by the respondent whereby the petitioner was informed that the respondent has forfeited the bid security/EMD of Rs.43,30,500/- submitted by the petitioner qua tender dated 09^th June, 2023 and requested the petitioner to submit its reply/representation in respect of its blacklisting/banning of business.

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The petitioner had previously filed a writ petition being W.P. 15671/2023 challenging the rejection of petitioner’s bid in tender dated 9^th June 2023, forfeiture of earnest money deposited by the petitioner and

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This is a digitally signed order.

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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 06/11/2024 at 12:07:27

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banning of business of the petitioner, on the premise that Annexure-H to the Bid submitted by the petitioner was incorrect. The said writ petition was disposed of vide judgment dated 25^th July 2024, setting aside the impugned actions of the respondent and directing the respondent to issue a show cause notice within one week, in accordance with the law in respect of the forfeiture of EMD as also for banning of the business of the petitioner.

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In the present petition, it has been averred that the impugned letter dated 04^th September, 2024 is illegal, arbitrary, unreasonable and is not in terms of the judgment dated 25^th July, 2024. It is further averred that the impugned letter dated 04^th September, 2024 is not a show cause notice but a communication of decision that the bid security has been forfeited and the process of banning of business has been initiated. Even otherwise, it is stated that the letter dated 04^th September, 2024 was not issued by the within the time granted by this Court vide its judgment dated 25^th July, 2024.

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Learned counsel for the respondent, on instructions, states that the impugned letter dated 04^th September, 2024 is not a decision but a show cause notice, in terms of the judgment and order dated 25^th July 2024 passed by this Court.

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Though the impugned letter dated 04^th September, 2024 does not read like a show cause notice, yet at the instance of learned counsel for respondent, it is directed to be treated as a show cause notice. Since the petitioner has already filed a response to the letter dated 04^th September, 2024, the respondent is directed to decide the same by way of a speaking order within three weeks. In the event a decision is not taken within three weeks, the bid security/EMD amount of Rs.43,30,500/- shall be refunded to the petitioner.

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This is a digitally signed order.

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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 06/11/2024 at 12:07:27

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However, in the event the show cause notice dated 04^th September, 2024 is decided against the petitioner, the petitioner shall be at liberty to file appropriate proceedings in accordance with law.

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With the aforesaid directions, the present writ petition stands disposed

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MANMOHAN, CJ

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TUSHAR RAO GEDELA, J

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NOVEMBER 4, 2024 yrj

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This is a digitally signed order.

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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 06/11/2024 at 12:07:27

Shiva Buildtech Pvt. Ltd. v. Northern Railway

Case brief

What is this about?

What did the court decide?

Shiva Buildtech Pvt. Ltd. v. Northern Railway

Case brief

What is this about?

What did the court decide?

What the court decided

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