AI Structured Summary
Not yet generated for this judgment
Judgment
Sandeep Sharma, J
(Through Video Conferencing)
By way of instant petition filed under Section 9 of the Arbitration and Conciliation Act, prayer has been made on behalf of petitioner for issuing direction to the respondents to measure the work already done by him pursuant to contract awarded in his favour, which otherwise now stands terminated, so that subsequently, no dispute arises inter se parties with regard to extent of work done.
Mr. Naresh K. Sharma, learned counsel representing the Corporation, is not opposed to the aforesaid prayer and as such, same can be considered in the instant proceedings.
Averments contained in the application, finds that the work "C/o Car-Parking-cum-Commercial Complex at Dhalli, Shimla adjoining Community Centre Building in Ward No. 21 (unde AMRUT)" was awarded to the petitioner-respondent No.1 through the Executive Engineer (R & B) Municipal Corporation, District Shimla vide letter of award dated 7.3.2019, for the total cost of Rs. 2,90,35,379/-. Since, petitioner was unable to complete the work within the time stipulated in the contract, his contract came to be terminated, as a consequence of which, respondents have invited fresh tender. Petitioner is not aggrieved with the action of respondent-corporation, in as much as, it has invited fresh tender, but his grievance is that respondents before inviting the fresh tender or awarding the work to new contractor, ought to have measured the work already done by him on the site so that subsequently no dispute arises with regard to extent of work done by him pursuant to previous tender and as such, in the aforesaid background, petitioner has approached this Court, seeking direction to the respondents to measure the work done by him on the site in his presence before awarding remaining work to the other contractor.
Consequently, in view of the aforesaid innocuous prayer made on behalf of the petitioner, this Court deems it fit to dispose of the present petition with the direction to the respondents to go ahead with the fresh tender, but work may not be awarded to the successful tenderer till the time work already done by the petitioner pursuant to previous award is measured and recorded in the measurement book in his presence. Ordered accordingly.