JUDGMENT :

Rajarshi Bharadwaj, J.

(Through Video Conference)

1. The instant writ petition has been filed in the Original side of this Hon’ble Court. The appellant/writ petitioner being aggrieved by and dissatisfied with the order dated 16.12.2021 as modified by another order dated 24.12.2021 passed by the Hon’ble Justice Rajasekhar Mantha in WPO No.1231 of 2021 has preferred the instant appeal.

2. The facts in a nutshell are that the appellant/writ petitioner, herein NBCC (India) Limited, a Government of India enterprise during a time period of 30.07.2015 to 19.08.2016 had issued four work orders of different values, inter alia, awarding respondent no.4, herein Saket Infra Developers Private Limited for undertaking the same. Again, on 15.09.2017, the appellant awarded the work contract of MSTC Building at New Town to respondent no.4.

3. On 19.11.2016, the respondent no.4 registered itself as a small enterprise under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006. Amongst the five work orders undertaken by respondent no.4, two have been terminated for breach of contract by the respondent no.4 and the work has been taken up by new agencies at the risk and cost of th