M/S Walia Construction Co. vs. Delhi Development Authority And Anr.

W.P.(C)/10430/2019HC DelhiGSTCNR DLHC01003808201925 September 2019Bench: HON'BLE MR. JUSTICE G.S.SISTANI,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI5 pages

For Petitioner: Mr. Bhupesh Narula & Ms. Rinku Narula, AdvsFor Respondent: Mr. Dhanesh Relan, Adv. for DDA

AI SummaryAllowed

Held

The Court held that disqualifying the petitioner solely for not submitting a regular GST registration certificate, when a provisional certificate with identical particulars was submitted, was arbitrary. The Court quashed this decision.

Facts

The petitioner was disqualified from a tender process for failing to submit a scanned copy of their GST registration certificate, instead submitting a provisional registration certificate. The petitioner argued that the provisional certificate was sufficient and that the disqualification was arbitrary.

Key Issues

Whether a provisional GST registration certificate is sufficient to meet the tender condition requiring a scanned copy of the GST registration certificate.

Sections Cited

GST Act

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10430/2019 M/S WALIA CONSTRUCTION CO. ..... Petitioner Through: Mr. Bhupesh Narula & Ms. Rinku Narula, Advs. versus DELHI DEVELOPMENT AUTHORITY AND ANR. ..... Respondents Through: Mr. Dhanesh Relan, Adv. for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R % 25.09.2019 CM APPL. 43065/2019 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 10430/2019 & CM APPL. No. 43066/2019 (stay) 1 The matter was passed-over once to enable Mr. Dhanesh Relan, learned counsel for respondent No.1/DDA to procure the original records. Both parties have consented that the matter be finally heard today itself.

The respondent invited online tenders in two parts, firstly, for the work of restoration; and secondly, for rejuvenation of the river Yamuna Flood plains Asita – Old Railway Bridge to ITO Barrage (Eastern Bank) with an estimated costs of Rs. 11,06,28,013/-.

The petitioner submitted his technical and financial bid on 13.08.2019. On 21.09.2019, the petitioner learnt that he had been disqualified in the technical bid. The reason for disq

The judgment continues below.

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