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2020 Supreme(Del) 794

NAVIN CHAWLA
Hariom Project Private Limited – Appellant
Versus
Military Engineer Services, Director of Contract Management – Respondent


Advocates Appeared:
Shamik Sanjanwala, Advocate, Kirtiman Singh, Advocate, Rohan Anand, Advocate

JUDGMENT

Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 22.04.2019 passed by the respondent no. 1 debarring the petitioner for a period of two years from the date of the order from participating in the tenders of Military Engineering Services (hereinafter referred to as "MES").

2. The petitioner was awarded a Contract of additions and alterations of certain Pre-Engineered Building (hereinafter referred to as "PEB") at Air Force Station, Bagdogra, West Bengal, vide Letter of Acceptance dated 30.08.2013, for a lump sum amount of Rs. 5.46 crores.

3. Thereafter a Work Order dated 14.09.2013 was issued in favor of the petitioner. The Work Order described the work to be carried out as under:-

    "2. Brief description of work to be carried out, : All works as enumerated in details see IAFW-2212-a, Sheet_(attached). Sch "A" & catered in particular specifications, other documents including drawing forming part of the contract."

    4. The date of commencement and handing over of the site was 26/27.09.2013 and the Scheduled Date of Completion of work was 26.03.2015.

    5. Clause 4 of the Contract prescribes the "PEB Structure of Schedule A". Clause 4.1 the

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