Petitioner challenged the termination of a PPP contract for water purification installation due to delay. The Court held the termination was justified due to the petitioner's failure to meet the deadline and lack of response to notices, dismissing the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 8172 OF 2017 (GM-RES)
BETWEEN:
DOWAC SYSTEMS & PROJECT INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT No. 13, 12TH CROSS, MARUTHINAGARA, NAGASHETTYHALLI RING ROAD, BANGALORE-560 094. REPRESENTED HEREIN BY ITS MANAGING DIRECTOR, MR. DINESH KUMAR JAIN, SON OF MR. C. MISHRIMAL SHAH, AGED ABOUT 42 YEARS. …PETITIONER
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
(BY SMT. SNEHA NAGARAJ., ADVOCATE (absent))
AND:
NC: 2024:KHC:28631 WP No. 8172 of 2017
NC: 2024:KHC:28631 WP No. 8172 of 2017
…RESPONDENTS
(BY SRI. S.H RAGHAVENDRA, AGA FOR R1; SRI. R. SHARATH CHANDRA, ADVOCATE FOR R6; SRI. B.J. SOMAYAJI, ADVOCATE FOR R3, R5, AND R7; SRI. ASHOK N. NAYAK, ADVOCATE FOR R8; Vide order dated 31.07.2023, the petition against R2, R4, R9 & R10 stands dismissed)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 21.06.2016 BEARING No.GraP/03/GraNeSa(8) 2016 AT ANNEXURE-A ISSUED BY R-1 TO ALL THE THIRTY (30) GRAM PANCHAYATHS, INCLUDING R-2 TO 10, DIRECTING THEM TO CANCEL/TERMINATE THEIR CONTRACTS WITH THE PETITIONER AND DIRECT R-2 TO 10 TO ISSUE EXEMPTION CERTIFICATE, EXEMPTING THE PETITIONER FROM CUSTOM AND EXCISE DUTY AS PER THE CIRCULAR DATE 06.09.2002 AT ANNEXURE-F BEARING No.659/50/2002-CX AND TO PERMIT THE PETITIONER TO CARRY OUT AND COMPLETE THE PROJECT IN TERMS OF THE AGREEMENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:28631 WP No. 8172 of 2017
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND)
The instant petition praying to quash letter dated
21.06.2021 bearing No.GraP/03/GraNeSa(8)2016, Annexure-A, wherein the contract for installation of Water purifier of PPP Model is terminated.
express of interest from the agencies for installation of water purification plants in rural habitation and supply safe drinking water to the community through PPP model in the State of Karnataka.
and expressed interest to set up water purification plant on PPP model. Respondent Nos.2 to 10-Zilla Panchayats entered into contract for the Design, Build, Operation, Maintenance, Own and Transfer of the Water Purification Plants at various places of the Grama Panchayats, Taluks and Districts. The programme was intended to fulfill the
priority need of drinking water to the rural areas of the Districts. The programme was aimed at timely implementation. The agreement was entered on various dates during the month of January 2016. The respective Zilla Panchayats in terms of the agreement identified the land and handed over the same for setting up the water purification units. As per the contract, the drinking water facility should be provided on or before 31.03.2016. Even after part of the obligation being fulfilled by the respective Zilla Panchayats, the petitioner failed to install any water purifying units. As the drinking water is to be given top priority by the State, the respective Zilla Panchayats made alternative arrangements for installing water purifying units, as a consequence, contract of the petitioner has been terminated.
Advocate appearing for respondent No.1 submits that alternative arrangements have been made for installing water purification units and to supply drinking water in the Districts in question. It is submitted that due to lapse of time, nothing survives in the petition to be considered.
NC: 2024:KHC:28631 WP No. 8172 of 2017
not inclined to interfere with the termination of contact.
Accordingly, the writ petition is dismissed.
Sd/(K. V. ARAVIND) JUDGE
MV List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the writ petition should be allowed to quash the termination letter issued against the petitioner for failing to install water purification units within the agreed timeline.
Dowac Systems & Project India Pvt. Ltd.
The State of Karnataka
The Zilla Panchayat Bangalore (Rural)
The Zilla Panchayat Chikkaballapur
The Zilla Panchayat Chitradurga
The Zilla Panchayat Ramanagara
K. V. Aravind
As recorded by the court registry
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