Voestalpine Schienen Gmbh v. Mangu Singh & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 10/2018 VOESTALPINE SCHIENEN GMBH ..... Petitioner Through:

Mr Darpan Wadhwa, Sr. Advocate with Mr Ajay Bhargawa, Mr Jeevan Ballav Panda and Ms shalini Sati Prasad, Advocates.

versus MANGU SINGH & ORS ..... Respondents Through:

Mr Sudhir Nandrajog, Sr. Advocate with Mr Tarun Johri, Mr Ankur Gupta and Mr Ankit Saini, Advocates for DMRC.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.01.2018 CM No.558/2018 1.

Allowed, subject to all just exceptions.

CONT.CAS(C) 10/2018 2.

The petitioner has filed the present petition alleging that the orders of this Court have been violated. The petitioner is essentially aggrieved by a show cause notice dated 28.11.2017 indicating Delhi Metro Rail Corporation's (DMRC's) proposal to ban any dealings with the petitioner on account of alleged corrupt and fraudulent practice in execution of the contract for supply of 8000 Head Hardened Rails (UIC 60, IRS T-12-2009, grade HH) for Delhi Metro Phase-III Project.

3.

Mr Wadhwa, learned senior counsel appearing for the petitioner contends that the said show cause notice is in violation of the orders passed by this Court on 03.06.2016 and 20.11.2016.

4.

This Court is unable to accept the aforesaid contention as the same is, plainly, unmerited. By an order dated 28.11.2016, this Court had noted the statement of the petitioner that the petitioner would furnish all information afresh without prejudice to the rights and contentions of the parties. This Court had further clarified that any further decision taken by the respondents would be subject to further orders of this Court. This clearly shows that the respondents were not interdicted in any manner in taking a decision, however, the said decision would be subject to any orders that may be passed in the petition.

5.

In view of the above, the present petition is dismissed. VIBHU BAKHRU, J JANUARY 08, 2018 MK