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2023 Supreme(Del) 661

PRATHIBA M. SINGH
Mohini Electricals Limited – Appellant
Versus
Delhi Jal Board – Respondent


Advocates:
Advocate Appeared:
Anusuya Salwan, Bankim Garg, Rachit Wadhwa, Sangeeta Bharti, Malvi Balyan.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. This is a petition filed by the Petitioner - M/s Mohini Electricals Limited challenging the impugned circular dated 17th August, 2021 issued by the Respondent - Delhi Jal Board (DJB). By the said circular, the Petitioner has been debarred from participating in any tenders of the DJB for a period of one year or till sufficient progress is achieved. The relevant portion of the circular is set out below:

    “The work of “Construction of 37.10 ML capacity master balancing reservoirs (MBR)/BPS at Palla” was awarded to the contractor firm M/s SNS Techno Corp Pvt. Ltd. (30% share) in. Joint Venture with M/s Mohini Electricals Ltd. (70% share).

The progress of Palla UGR work, awarded on 15.10.2018 having completion period of 24 months i.e. date of completion 30.09.2020 extended to 30.04.2021 due to Covid-19, is still not satisfactory. Present progress of the work is only 33% (approx.). Though, there were some initial delays due to change in the drawing to avoid tree cutting, ban on construction activity from

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