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High Court of DelhiO.M.P.(I) (COMM.)/134/2016

Mp Tyagi Engineers&Contractors v. Union Of India

2016-10-20Hon'Ble Dr. Justice S.Muralidhar2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 134/2016;

IA Nos.18961/2015; 7753-7754/2016 & 9410/2016 MP TYAGI ENGINEERS & CONTRACTORS .... Petitioner Through:

Mr. Satish Kumar Bhatti & Ms. Seema Singh, Advocates.

versus UNION OF INDIA ..... Respondent Through:

Mr. Prasanta Varma, Senior Central Government Counsel with Ms. Pratima Varma, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 20.10.2016

1. The subject matter of challenge in the present petition was a letter dated 27th June, 2015 issued by the Respondent as a result of which the Petitioner was not being allotted any work. The said letter was operative for a period of three months thereafter. By an order dated 8th October, 2015, the operation of the said letter was stayed by this Court. As pointed out by the learned counsel for the Respondent, the period of operation of the said letter having been long expired the present petition has become infructuous.

2. Learned counsel for the Petitioner, on the other hand, refers to an order passed by the Arbitrator in the arbitration proceedings on 22nd July 2014, restraining the Respondent from taking any coercive action against the O.M.P.(I) (COMM.) 134/2016

Petitioner. He states that the said order is being observed in breach and WLR orders have been issued to prevent the Petitioner from participating in tenders. He refers to one such letter dated 23rd June, 2016 in respect of which the Petitioner has filed IA No.7753/2016 under Order 39 Rule 2A of the Code of Civil Procedure, 1908.

3. As regards the issuance of the subsequent WLRs, learned counsel for the Respondent states that it has to do with events which transpired subsequent to the issuance of the order impugned in the present petition.

4. The Court is of the view that the Petitioner cannot combine different and distinct cause of action in one petition. The Petitioner will have to seek appropriate remedies in separate proceedings as regards subsequent WLRs issued to the Petitioner. It will also be open to the Petitioner to seek relief in regard thereto in the arbitration proceedings in accordance with law.

5. The petition is disposed of. All pending applications are also disposed of.

OCTOBER 20, 2016 S. MURALIDHAR, J.

b'nesh O.M.P.(I) (COMM.) 134/2016