M/S Arc Services v. Union Of India & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10214/2019 & CM No. 42106/2019 M/S ARC SERVICES ..... Petitioner Through:

Mr.Hasibuddin, Mr.Mobin Akhtar, Advs.

versus UNION OF INDIA & ANR ..... Respondents Through:

Ms.Anjana Gosain, CGSC with Ms.Aakanksha Kaul, Ms.Shalini Nair, Ms.Himanshi and Mr.Manek Singh alongwith Mr.Santosh Kumar, AGM, AAI.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 02.07.2020 This hearing has been held through video conferencing. The learned counsel for the petitioner confines the prayer in the present petition to the period of debarment imposed upon the petitioner vide the Impugned Order dated 02.07.2019 issued by the respondent no.2. He submits that the contract for AMC of Fire Detection Alarm System at NATS Complex, IGI Airport, New Delhi (2017-18), which was granted to the petitioner on 30.01.2018, was subsequently extended by the respondent no.2 till 2021. The contract for AMC of Fire Detection Alarm System at Operational Area, IGI Airport, New Delhi (2018-20), granted on 21.05.2018, was not only allowed to be operated to its full tenure, but was even extended thereafter. He submits that based on these factors, as also his performance on these contracts after 02.07.2019, the petitioner would like to

withdraw the present petition and make a representation to the respondent no.2 to re-consider the period of debarment.

The learned counsel for the respondent no.2 submits that while there can be no embargo on the petitioner making such a representation, the submission that the contract dated 30.01.2018 has been extended is incorrect. As far as the Agreement dated 21.05.2018 is concerned, the same was extended by a period of around one-and-a-half months due to the lockdown declared by the Central Government because of the Covid-19 pandemic.

Be that as it may, the present petition is allowed to be withdrawn by the petitioner with liberty to make a representation to the respondent no.2 to re-consider the period of debarment. Such a representation, when made by the petitioner, shall be considered by the respondent no. 2 within four weeks of receipt thereof. The decision on such representation shall also be communicated to the petitioner.

Needless to say, in case the petitioner is aggrieved of such decision, it shall be open to the petitioner to challenge the same in accordance with law. The petition is dismissed as withdrawn with liberty as prayed for and with the above directions.

The order shall be uploaded on the website and shall also be provided to the learned counsels on the e-mail address provided. NAVIN CHAWLA, J JULY 02, 2020/rv