M/S GUPTA ENGINEERS AND CONTRACTORS vs M/S NBCC INDIA LIMITED

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6901/2025, CM APPL. 31255/2025, CM APPL. 31256/2025 & CM APPL. 31257/2025 M/S GUPTA ENGINEERS AND CONTRACTORS.....Petitioner Through: Mr. Kunwar Chandresh, Ms. Poonam Prasad, Mr. Divyansh Singh and Mr. Munis Nasir, Advocates. versus M/S NBCC INDIA LIMITED .....Respondent Through: None. % Date of Decision: 21st May, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) 1. The present writ petition is filed under Article 226 of the Constitution of India, 1950, seeking a direction to withdraw the impugned tender or issue a corrigendum to Clause 9 of the Additional Special Conditions of Contract (SCC) of the said tender, which declares the materials, tools, and plants belonging to the petitioner as the property of the respondent/NBCC. Alternatively, the petition further seeks return of the aforesaid materials since the same do not belong to M/s YFC Projects Private Limited (hereinafter referred to as “YFC”) and have been illegally confiscated by the respondent/NBCC. 2. The petitioner is a Micro, Small and Medium Enterprise (MSME) Signature Not Verified Digitally Signed W.P.(C) 6901/2025 Page 1 of 7 By:MADHU SARDANA Signing Date:24.05.2025 15:58:46 contractor, having its registered office at 19, Patel Nagar, Hapur, Uttar Pradesh, and is represented through its partner, Mr. Rakesh Aggarwal. 3. The petitioner states that NBCC issued a Notice Inviting Tender (NIT) on 13.04.2020. Pursuant to the NIT, a contract was awarded to YFC by way of a Letter of Award dated 19.08.2020 for the works pertaining to the “Construction/Rectification of Balance Works/Left Out Works of Leisure Valley – Adarsh Awas Yojna on an ‘As Is Where Is’ Basis at Plot No. GH- 02, Sector - Tech