M/S Gupta Brothers vs East Delhi Municipal Corporation … on 8 March, 2016

1. The petition impugns the order dated 30th September, 2014 of the

respondents no.1&2 East Delhi Municipal Corporation (EDMC) de-barring

the petitioner from the panel of respondents EDMC for a period of five years

from the date of issue of the order (less the period of four months and 21

days i.e. from 7th November, 2013 to 28th March, 2014 for which the

petitioner had remained de-barred earlier).

2. The petition challenging the de-barring order was filed and re-filed on

13th February, 2015 and 13th March, 2015 respectively and came up first

before this Court on 18th March, 2015 when none appeared on behalf of the

petitioner and the petition was adjourned to 21st July, 2015. On 21st July,

2015, being prima facie of the view that the matter was purely contractual

W.P.(C) No.2641/2015 Page 1 of 18
and entailed disputed questions of fact and that the remedy by way of a writ

petition under Article 226 of the Constitution of India is not available to the

petitioner, the counsel for the petitioner was heard at length and judgment

reserved. None appeared for the respondents EDMC on advance notice.

Though the judgment went on the back burner for long but it may be

recorded that the petitioner, its counsel at no time in the interregnum

mentioned the matter.

Source: Indian Kanoon

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