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2023 Supreme(Del) 1665

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Mep Infrastructure Developers Ltd. – Appellant
Versus
South Delhi Municipal Corporation – Respondent


Advocates appeared:
Mr. Dushyant Dave, Senior Advocate with Mr.Rajiv Shankar Dvivedi, Mr. Mahesh Agarwal, Mr. Karan Luthra, Ms. Aarashi Tiku, Mr. Akshat and Mr. Rishabh Jain, Advocates, for the Appellant.
Mr. Sanjay Vashishtha, Standing Counsel, for MCD with Mr. Phagun Kalra, Mr. Vishal Kumar, Advocates, for the Respondent.

JUDGMENT

Subramonium Prasad, J.

1. The instant Letters Patent Appeal arises out of Judgment dated 09.04.2021 passed in W.P.(C) No. 2241/2020 wherein the Ld. Single Judge dismissed the Writ Petition and held that the Appellant herein cannot invoke the extraordinary writ jurisdiction of the High Court under Article 226 of the Constitution of India and the disputes arising between the parties ought to be resolved in accordance with the Contract Act and in appropriate civil proceedings before the appropriate Court.

2. Shorn of Details, the facts necessary for adjudication of the present dispute are as under:

i. On 21.07.2017, the Respondent Corporation floated a tender bearing NIT No. ADC/TT/HQ/2017/D-311, inviting bids from interested parties to collect Toll Tax &Environment Compensation Charge (ECC) from specified commercial vehicles at the 124 toll plazas/posts/barriers bordering Delhi.

ii. The Appellant submitted its bid for the aforesaid NIT and was declared as the successful bidder and the Appellant's bid was accepted by way of a Letter of Intent dated 19.09.2017.

iii. Thereafter, on 28.09.2017, the Appellant and Respondent Corporation entered into a Toll Tax & ECC Collection Agre

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