Orion Security Solutions Pvt. Ltd. v. Govt. Of NCT Of Delhi & ORS

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9821/2016, CM Nos. 39111/2016 & 39112/2016 ORION SECURITY SOLUTIONS PVT LTD.

..... Petitioner Through:

Mr. Jayant K. Mehta, Adv. with Mr.

Sukant Vikram & Mr. Anshumaan Sahni, Advs.

versus GOVT. OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Satyakam, ASC (GNCTD) with Mr. K. Padmanabhan, Adv. & Mr.

Wadhwa, CTB

CORAM:

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 24.10.2016 CM No. 39112/2016 Exemption allowed subject to all just exceptions. Application stands disposed of.

1.

A writ petition was earlier filed in this Court against the rejection of the financial bid of the petitioner given pursuant to conditions of the NIT, particularly Clause 17 of Annexure-II and Annexure-III of E-Tender ID No.2015_DE_75441_1.

2.

The financial bid was rejected on the ground that the same was of

Rs.1/- only.

The reason for rejection of the financial bid has been disapproved by judgment and order dated 22nd August, 2016 delivered by a Division Bench of which one of us (Ashutosh Kumar, J.) was a Member. The Division Bench quashed the impugned orders dated 23rd March, 2016 and 25th April, 2016, whereby the E-Tender of the petitioner had been recommended to be rejected. The respondent no.2, was however, directed to consider the case of the petitioner afresh in the light of what had been stated in the judgment and to take a fresh call over the issue. 3.

The order of the Division Bench has not yet been complied with. Learned counsel appearing on behalf of the respondents submits that a decision shall be taken within a period of two weeks from date. In view of such submission, we do not deem it necessary to pass any further order at this stage, except to direct the respondent No.2 to take a decision, in accordance with law, in the light of the judgment and order dated 22nd August, 2016. The decision shall be communicated to the petitioner within one week from the date thereof.

4.

The writ petition is disposed of. The disposal of the writ petition will not prevent the petitioner from approaching the Court afresh, in accordance

with law, in the event, the decision is adverse to the petitioner. CM No. 39111/2016 (for stay) Dismissed as infructuous.

Dasti under the signatures of Court Master.

INDIRA BANERJEE, J ASHUTOSH KUMAR, J OCTOBER 24, 2016/ak