Disposed¶20

Abhilasha Enterprises v. Govt. of NCT of Delhi and Ors.

Delhi HC20 Jan 2025W.P.(C)/704/2025

Case brief

AI extract

What is this about?

W.P.(C) 704/2025, Abhilasha Enterprises v. Govt. of NCT of Delhi and Ors., decided 20.01.2025 by Sachin Datta, J (Delhi High Court). Keywords: Article 226 writ petition; PWD contract; handover/takeover of hospital work; Acharya Shree Bhikshu Government Hospital, Moti Nagar; agreement dated 06.08.2019 No.05/EE/HSW/M123/PWD/2019-20; final payment; four-week undertaking by respondents; petition disposed of; rights and remedies kept open; CM APPL.3351/2025 (Exemption) allowed.

What did the court decide?

No further directions passed; petition disposed of on the basis of the respondents' statement (on instructions) that the handover/takeover process has commenced and shall be completed within four weeks; any deficiency/lacuna to be intimated to the petitioner with contractual consequences, and all rights and remedies kept open. ¶20

Abhilasha Enterprises Vs Govt. of NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to initiate the process of handover/takeover of the fully completed expansion/remodelling work of Acharya Shree Bhikshu Government Hospital, Moti Nagar, Delhi.

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Court's answer

In view of the respondents' submission that the handover/takeover process has commenced and shall be completed within four weeks, no further directions are required to be passed in the present petition; the petition is accordingly disposed of.

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Ratio / Principle

In case any deficiency/lacuna is found in the work, the same shall be intimated to the petitioner and appropriate consequences, as set out in the contract, shall ensue; all rights and remedies of the respective parties in this regard are kept open.

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Detailed headnote1 paragraphs

Delhi High Court (Sachin Datta, J.) disposed of a writ petition under Article 226 of the Constitution of India filed by Abhilasha Enterprises seeking a direction to the Govt. of NCT of Delhi and Ors. to initiate the handover/takeover process of the fully completed expansion/remodelling work of Acharya Shree Bhikshu Government Hospital, Moti Nagar, Delhi, carried out under an agreement dated 06.08.2019 (No.05/EE/HSW/M123/PWD/2019-20) with respondent no.3. Learned counsel for the respondents, appearing on advance notice, submitted on instructions that the handover/takeover process had commenced and would be completed within four weeks. Holding that no further directions were required, the Court disposed of the petition, clarifying that any deficiency/lacuna found in the work shall be intimated to the petitioner with appropriate contractual consequences, and that all rights and remedies of the parties are kept open.

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 704/2025

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ABHILASHA ENTERPRISES .....Petitioner Through: Mr. Jeevesh Nagrath, Sr. Adv., Mr. Sangeeth Mohan, Mr. Sumit Shukla, Mr. Arjun Gaur, Mr. Rajat Gupta, Mr. Aman Kumar, Advs.

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versus

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GOVT. OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Sameer Vashisht, SC (Civil), Ms. Harshita Nathrani, Adv. and Mr. Avinash Ranjan- Executive Engineer, PWD.

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA

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O R D E R % 20.01.2025

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CM APPL.3351/2025 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 704/2025

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The present petition has been filed by the petitioner under Article 226 of the Constitution of India seekinga limited relief viz . that the respondents be directed to initiate the process of handover/takeover of the fully completed expansion/remodelling work of a hospital namely Acharya Shree Bhikshu Government Hospital, Moti Nagar, Delhi.

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An agreement dated 06.08.2019 bearing No.05/EE/HSW/M123/PWD/2019-20 was executed between the petitioner and the respondent no.3 for the concerned work, which includes horticulture and electrical

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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 27/01/2025 at 12:10:05

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works.It is pointed out that the project involves extensive remodelling and expansion across multiple floors, incorporating various specialized features and also contemplated escalation of certain equipments.

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Learned senior counsel for petitioner submits that the entire work under the contract stands completed and is ripe for handing over/taking over of possession. The limited grievance raised by the petitioner is that the respondent no.3 has failed toinitiate handover/takeover process leading to adverse consequences for the petitioner, including with regard to processing of final payment/s etc.

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Learned counsel for the respondents, who appears on advance notice, submits that the process for handover/takeover of the works carried out by the petitioner has commenced. He submits, on instructions, that the entire exercise shall be completed as expeditiously as possible and in any event, within a period of four weeks from today.

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In view of the aforesaid, no further directions are required to be passed in the present petition ; the same is accordingly, disposed of.

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In case any deficiency / lacuna is found in the work, the same shall be intimated to the petitioner and appropriate consequences, as set out in the contract, shall ensue. All rights and remedies of the respective parties in this regard, are kept open.

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SACHIN DATTA, J

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JANUARY 20, 2025/ cl

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Abhilasha Enterprises v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Abhilasha Enterprises v. Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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