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Judgment
Sanjeev Sachdeva, J
The hearing was conducted through video conferencing.
Petitioner impugns show cause notice dated 22.07.2021 whereby a notice has been issued to the petitioner on the ground that none of the cycle
shelters allotted to the petitioners are working and there are no attendants present to aid or held the users.
Learned Senior Counsel appearing for the petitioner submits that the very basis of the show cause notice is incorrect and there is no material with
the respondent to hold that the cycle shelters are not functional.
Learned Senior Counsel submits that the whole system is a mobile application based system where the user does not need help of an attendant and
needs to only book the cycle online and pick it up from any of the shelters and drop it later at any of the shelters. The payment is also deducted online
through the online application.
Further it is contended that there is substantial digital date to show that the cycle shelters are operational and are being extensively used. Petitioners
have also placed on record over e-mail of the Court Master, the data of the usage of the application.
Learned Senior Counsel for the petitioner submits that the data is real time and is also available for the preceding period from the commencement
of operation. He further submits that this data was also furnished to the respondent on 10.08.2021.
Further learned Senior Counsel for the petitioner submits that the basis of the show cause notice as well as cancellation order dated 11.08.2021 that
the cycle shelters are not operational and the cycles are not being used is incorrect.
Learned counsel appearing for the respondent-Corporation objects to the maintainability of the petition on the ground that the agreement is
terminable and there is also an arbitration clause. She further submits that on 10.08.2021 the agreement has been terminated and the copy of the order
dated 11.08.2021 has been e-mailed to the Court Master.
Prima facie a look at the data that has been submitted by the petitioner for the period 01.01.2021 till 31.07.2021 shows as many as 6261 entries of
cycles having been used for various durations. This is an average of 900 entries per month and also includes the lockdown period.
Perusal of the cancellation order dated 11.08.2021 shows that a hearing was granted to the petitioner, however, the order merely records that
during hearing the representative of the petitioner had appeared and had admitted to deficiencies and shortcomings in carrying out the allotted work
and a reply was submitted but the same was not found satisfactory.
The order does not record any finding with regard to the usage of the cycle shelters.
Learned counsel for the respondent disputes that the usage data was furnished to the respondent, however she, without prejudice, submits that
respondents are willing to take a fresh look at the matter in view of the fresh data furnished and pass a fresh order.
In view of the above, order dated 11.08.2021 cancelling the contract is set aside and the matter is remitted to the Commissioner (North MCD) for
having a fresh look at the matter and to pass a fresh speaking order after giving an opportunity of hearing to the petitioner.
The petitioner/authorized representative shall appear before Commissioner (North MCD) on 18.08.2021 at 11.00 a.m. The petitioner or authorized
representative shall produce entire data in a digital from and if possible show a demonstration to the Commissioner (North MCD) of the online
application and its usage.
Thereafter, the Commissioner (North MCD) shall pass a fresh speaking order in accordance with law. It is clarified that this is without prejudice
to the rights and contentions of the parties and also without expressing any opinion on the objections of the respondent about the maintainability of the
writ petition in the facts and circumstances of the case. Said issue is left open.
The petition is disposed of in the above terms.
Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.