High Court of DelhiW.P.(C)/5328/2017

Larsen & Toubro Ltd.-Gsj Envo Ltd. Jv & ORS. v. Delhi Jal Board

2017-07-31Hon'Ble Mr. Justice Sanjiv Khanna,Hon'Ble Mr. Justice Navin Chawla2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5328/2017 LARSEN & TOUBRO LTD.-GSJ ENVO LTD. JV & ORS.

..... Petitioner Through Mr. Neeraj K. Kaul, Sr. Advocate with Mr. Rishi Agrawala, Mr. Vivek Jain, Mr. Munjaal Bhaat, Ms. Niyati Kohli, Mr. Karan Luthra, Ms. Hansa and Mr. Deepak Joshi, Advocates.

versus DELHI JAL BOARD ..... Respondent Through Ms.Sangeeta Bharti, ASC with Mr.Ashish Kumar & Mr.Rameezuddin Raja, Advs. along with Mr.Anil Choudhary (EE) and Mr.Praveen Kr. Gupta (AE).

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.07.2017 Counsel for the parties have been informed that spouse of one of us (Sanjiv Khanna, J.) has some shares in Larsen & Toubro Ltd. Counsel for the parties were asked to obtain instructions. It is stated on second call at about 3 P.M. that the parties do not have any objection to this Bench hearing the writ petition. After some hearing in which we heard learned counsel for the petitioner and the respondent, learned counsel for the respondent states that the petitioner's document under Clause ITB-16 were not opened because the

petitioner did not satisfy the criteria mentioned in Clause (c) of ITB 11.2 i.e. documentary evidence in accordance with the ITB-17 establishing the bidder, i.e. petitioners' qualification to perform the contract if the bid were accepted. Reference is specifically made to the qualification criteria mentioned in Section III(A) and in particular to experience stipulation in Clause 4 thereof.

Learned counsel for the respondent on instruction states that to bring an end to this litigation and to alley any allegation with regard to wrongful rejection, they are ready and willing to give reasons for disqualification by way of a written communication to the petitioner. The said communication will be issued within 5 working days. The statement is taken on record. The petitioners are satisfied.

We clarify that the petitioners, if aggrieved, would be at liberty to take appropriate legal action as per law.

In view of the statement made and the aforesaid observation, writ petition is disposed of with no order as to cost. Dasti under the signature of the Court Master. SANJIV KHANNA, J.

NAVIN CHAWLA, J.

JULY 31, 2017/vp