Alankit Assignments Limited v. Union of India

NAVIN CHAWLA, J September 09, 2020 RN

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11.08.2020 Date of Decision : 09.09.2020 + W.P.(C) 2662/2020 & CMs 9246/2020, 11158/2020 ALANKIT ASSIGNMENTS LIMITED ..... Petitioner Through: Mr.Rakesh Tiku, Sr. Adv. with Mr.Rohan Sharma, Adv. versus UNION OF INDIA ..... Respondent Through: Mr.Chetan Sharma, ASG & Mr.Ripudaman Bhardwaj, CGSC for UOI with Mr.Sahaj Garg, Adv. and Mr.Pramil Gupta, Director MEA. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. This petition, was filed by the petitioner originally on 05.03.2020, praying for the following reliefs: "(a) this Hon'ble Court further be pleased to issue any writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction in the nature thereof for quashing letter dated 04.04.2019 bearing No. Abu/CW/386/7/2017 (ANNEXURE P-12) and communication dated 29.01.2020 (ANNEXURE P-15) issued by Respondent for reducing the term of the Contract granted to the Petitioner in terms of the Request for Proposal Document and the Letter of Intent dated 29.10.2018. (b) this Hon'ble Court further be pleased to issue any writ, order or direction in the nature of Certiorari or any other Page 2 appropriate writ, order or direction in the nature thereof for quashing Advance Notice for floating tender for Pravasi Bhartiya Sahayata Kendra dated 02.02.2020 (ANNEXURE P-17) and Request for Proposal document issued by Embassy of India Abu Dhabi dated 25.02.2020 inviting bids for establishing and managing the Pravasi Bhartiya Sahayata Kendra at Dubai (ANNEXURE P-18)." 2. In the hearing held on 11.03.2020, the learned senior counsel for the petitioner made a submission that without prejudice to the rights and contentions of the petitioner in the present petition, the petitioner would participate in the new Request for Proposal (hereinafter referred to as "RFP") that had been floated by the respondent on 25.02.2020. This court by its order dated 11.03.2020 directed that any decision taken by the respondent on the new RFP shall be subject to the outcome of the present petition. 3. Unfortunately, before the petition could be taken up for further consideration, due to outbreak of Covid-19 pandemic, the proceedings in the petition were adjourned. 4. The petitioner thereafter filed an Application, being CM No. 11158/2020 (hereinafter referred to as the "application"), praying for the following reliefs:- "a) Pass ex-parte ad interim order to direct the Respondent to continue to make payment of AED 1,00889.00 + Taxes to the Applicant as per the terms of the Letter of Intent dated 29.10.2018, till pendency of the present petition or expiry of terms of the contract/Letter of Intent dated 29.10.2018, whichever is later; b) Direct the Respondent to clear, the pending payments of the Applicants for rendering their services upto April 2020 @ AED Page 3 1,00889.00 + Taxes per month for Dubai and Sharjah PBSK Centres." 5. In the application it was asserted by the petitioner that the respondent has cancelled the fresh RFP wherein the petitioner emerged as an L-1 bidder and the respondent had extended the existing arrangement with the petitioner for three more months till July, 2020 as per the rates prevailing prior to November, 2018. The petitioner had also been called upon to close the Sharjah Centre with effect from 01.05.2020. The respondent, by an e-mail dated 06.05.2020, reiterated that the extension shall be only for the Dubai Centre on a monthly remuneration of AED 67,700/- (Emirati Dirhams Sixty Seven Thousand and Seven Hundred Only). 6. The above factual matrix has been narrated as a brief background as to what has transpired in this petition since its filing. 7. As far as the Writ Petition is concerned, the petitioner asserted that:- (a) Sometime in the end of 2013, the respondent, through its Community Affairs Wing, Embassy of India, Abu Dhabi had issued a RFP document for selection of a Service Provider to establish and manage an Indian Workers Resource Centre (IWR