ABHILASHA ENTERPRISES v. GOVT. OF NCT OF DELHI AND ORS
W.P.(C)/704/2025 · 2025-01-20
Sachin Datta
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7487 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7487 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 704/2025
ABHILASHA ENTERPRISES
.....Petitioner Through: Mr. Jeevesh Nagrath, Sr. Adv., Mr. Sangeeth Mohan, Mr. Sumit Shukla, Mr. Arjun Gaur, Mr. Rajat Gupta, Mr. Aman Kumar, Advs.
versus
GOVT. OF NCT OF DELHI AND ORS
.....Respondents Through: Mr. Sameer Vashisht, SC (Civil), Ms. Harshita Nathrani, Adv. and Mr. Avinash Ranjan- Executive Engineer, PWD.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
%
20.01.2025 O R D E R
1. Allowed, subject to all just exceptions. CM APPL.3351/2025 (Exemption)
2. Application stands disposed of.
3. The present petition has been filed by the petitioner under Article 226 of the Constitution of India seekinga limited relief viz. that the respondents be directed to initiate the process of handover/takeover of the fully completed expansion/remodelling work of a hospital namely Acharya Shree Bhikshu Government Hospital, Moti Nagar, Delhi.
W.P.(C) 704/2025
4. An agreement dated 06.08.2019 bearing No.05/EE/HSW/M- 123/PWD/2019-20 was executed between the petitioner and the respondent no.3 for the concerned work, which includes horticulture and electrical This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:10:05
works.It is pointed out that the project involves extensive remodelling and expansion across multiple floors, incorporating various specialized features and also contemplated escalation of certain equipments.
5. Learned senior counsel for petitioner submits that the entire work under the contract stands completed and is ripe for handing over/taking over of possession. The limited grievance raised by the petitioner is that the respondent no.3 has failed toinitiate handover/takeover process leading to adverse consequences for the petitioner, including with regard to processing of final payment/s etc.
6.
Learned counsel for the respondents, who appears on advance notice, submits that the process for handover/takeover of the works carried out by the petitioner has commenced. He submits, on instructions, that the entire exercise shall be completed as expeditiously as possible and in any event, within a period of four weeks from today.
7. In view of the aforesaid, no further directions are required to be passed in the present petition ; the same is accordingly, disposed of.
8. In case any deficiency / lacuna is found in the work, the same shall be intimated to the petitioner and appropriate consequences, as set out in the contract, shall ensue. All rights and remedies of the respective parties in this regard, are kept open.
SACHIN DATTA, J JANUARY 20, 2025/cl
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:10:05