Disposed

M/S. Creative Entrepreneurs LLP v. Union of India

Delhi HC3 Jul 2024W.P.(C)/5445/2024

Case brief

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What is this about?

A CPWD-enlisted contractor, debarred from tenders for six months for altering its partnership constitution without prior enlistment authority approval, obtained post-facto approval of the change during proceedings. The High Court held that with approval granted, the debarment order could not stand and set it aside, disposing of the writ petition and pending applications.

What the court decided

AI extract

M/S. Creative Entrepreneurs LLP Vs Union of India — Public Procurement and Tenders | Delhi HC (2024)

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 5445/2024 & CM APPL. 22477/2024, CM APPL. 34140/2024

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M/S. CREATIVE ENTREPRENEURS LLP .....Petitioner

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Through: Dr. Anurag Kr. Agarwal, Mr. Umesh Mishra and Mr. Prateek Agarwal, Advocates.

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versus

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UNION OF INDIA .....Respondent Through: Mr. Nune Balraj, SPC of UOI with Ms. Neha Sharma, GP and along with Ms. Meghna Rao and Ms. Muskan Jain, Advocates.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R 03.07.2024

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The present writ petition impugns order dated 03^rd April, 2024 issued by the Respondent debarring the Petitioner, an enlisted contractor, from participating in tenders notified by Central Public Works Department,¹ for a period of six months operative from the date of the order.²

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In absence of any stay, the impugned order continued to remain in force and presently, nearly three months have lapsed since its issuance.

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Be that as it may, the short ground for debarment was that the Petitioner-firm had effected a change in its constitution before the relevant

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1 “CPWD.”

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2“impugned order.”

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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 04/07/2025 at 01:17:34

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authority due to cessation of its two partners, without prior approval from the enlistment authority of the CPWD.

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The Petitioner submits that due to disputes inter se the partners, prior approval of the enlistment authority could not be obtained. Nonetheless, during the pendency of the present petition, in terms of order dated 06^th May, 2024, the Petitioner applied to CPWD for their approval to the change in Petitioner’s constitution, which has been considered and allowed by the Respondent. A copy of the approval order dated 16^th May, 2024 has been furnished on record along with CM APPL. 34140/2024.

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The above development has been confirmed by counsel for Respondent, who states that the application was considered and permitted under the court orders. 6. In view of the above, since the Petitioner’s request for change of constitution has been allowed post-facto, in the opinion of the Court, the impugned order dated 03^rd April, 2024 cannot sustain. Accordingly, the same is set aside.

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With the above directions, the present petition is disposed of, along with pending applications.

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SANJEEV NARULA, J

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JULY 3, 2024 d.negi

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M/S. Creative Entrepreneurs LLP v. Union of India

Case brief

What is this about?

What the court decided

M/S. Creative Entrepreneurs LLP v. Union of India

Case brief

What is this about?

What the court decided

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