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2008 Supreme(Del) 332

MUKUNDAKAM SHARMA, REVA KHETRAPAL
B. S. Constructions Co. – Appellant
Versus
Commissioner of MCD – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Nitendra Sharma and J.P.Sengh, Advs.
For Respondents/Defendant: Amita Gupta, Archana Vashisht and Aparna Saxena, Advs.

JUDGMENT

Mukundakam Sharma, C.J.

CM No. 3268/2008

1. By this application the appellant prays for condensation of delay in filing the appeal. There is a delay of two days in the filing the appeal. On going through the application we find that the appellant has been able to make out a case of sufficient cause for condensation of delay. Accordingly, we allow the application and the delay in filing the appeal is condoned. The appeal is taken on record.

The application stands disposed of.

LPA No. 108/2008

1. This order shall dispose of the appeal which is filed by the appellant challenging legality of the order dated 9th January, 2008 passed by the learned Single Judge dismissing the writ petition filed by the appellant.

2. The writ petition was filed by the appellant being aggrieved by the order of the respondents dated 13th August, 2007, whereby the appellant was restrained/ debarred from participating in the tender process of the MCD for a period of two years on account of non-execution of the work of de-silting, which was allotted to the appellant under work orders dated 13th June, 2007 and 14th June, 2007. The learned Single Judge heard the counsel for the parties and after going













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