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2006 Supreme(Del) 2190

S.RAVINDRA BHAT
NATIONAL BUILDING CONSTRUCTION CORPORATION Limited – Appellant
Versus
NEW DELHI MUNICIPAL COUNCIL – Respondent


Advocates Appeared:
ANJANA GOSAIN, BIJU K.NAIR, J.RAUTRAY, M.S.GINNY, M.S.IRAM MAJID, NEERAJ KISHAN KAUL, ZUBEDA BEGUM


S. RAVINDRA BHAT. J.

( 1 ) 1. The petitioner (hereafter referred to as "nbcc"), a Centrally owned government company, claims a quashing order in respect of the letter issued by the New Delhi Municipal Corporation (NDMC) debarring it from participating in any tenders, for five years. It also seeks a direction to the government of National Capital Territory (NCT) to permit it to participate in a tender process notified by it, in August, 2006.

( 2 ) NDMC invited tenders on 16. 05. 1994 for construction of the New delhi City Centre Phase II comprising Band C blocks. After due negotiations the offer of NBCC was accepted for Rs. 23,80,81,978. The stipulated dates of start and completion were 02. 09. 1994 and 01. 09. 1997 respectively. It is alleged that work was actually completed by 16. 08. 2003 due to several alleged defaults/acts of omission and commission on the part of NDMC. The nbcc resorted to arbitration, a sole arbitrator was appointed on 16. 08. 1998, to decide upon 18 claims made by the Petitioner. An interim award was published on 21. 09. 2000 wherein an award was made for the sum of Rs. 70,19,081. 32. NDMC satisfied the interim award on 19. 12. 2000. In the meantime ten fu









































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