Vna Security Services P.Ltd v. UOI & Ors

RAJIV SAHAI ENDLAW, J. AUGUST 27, 2015 bs

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th August, 2015. + RFA 511/2005 VNA SECURITY SERVICES P.LTD. ..... Appellant Through: Mr. Jatin Rajput and Mr. Anupam Dubey, Advs. Versus UNION OF INIDA & ORS. ..... Respondents Through: Mr. Ashutosh Jha, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 26th April, 2005 of the Court of Sh. N.K. Kaushik, Additional District Judge (ADJ), Delhi of dismissal of Suit No.340/2004 filed by the appellant/plaintiff for recovery of Rs.15,95,131/- from the respondents/defendants namely, (i) Union of India, Ministry of Health and Family Welfare; (ii) Medical Superintendent, VMMC & Safdarjung Hospital; and, (iii) Medical Superintendent, VMMC & Safdarjung Hospital, for compensation for breach of contract. 2. The appeal was admitted for hearing and Trial Court record requisitioned. The counsels have been heard. 3. The undisputed facts are, (i) that the appellant/plaintiff was a participant in a tender floated by the respondents/defendants for engagement of Security Personnel to control the crowd and guide the large number of patients and their relatives in Safdarjung Hospital, New Delhi; (ii) the respondents/defendants vide letter dated 2nd August, 2003 informed the appellant/plaintiff that it had been approved by the competent authority and asked the appellant/plaintiff to convey its acceptance in writing; it was further stipulated that ―the contract has to be carried out as per terms and conditions accepted by you in the tender and at the rates quoted therein‖; (iii) the appellant/plaintiff vide its letter dated 11th August, 2003 conveyed to the respondents/defendants its acceptance of the contract and requested ―that the contract may please be awarded to us at your earliest‖; (iv) the respondents/defendants vide their letter dated 23rd August, 2003 to the appellant/plaintiff awarded the contract to the appellant/plaintiff ―subject to fulfillment of all the terms and conditions of the contract‖ and ―with effect from 1st October, 2003 to 31st March, 2004 (subject to review after every three months)‖; the appellant/plaintiff, vide the said letter, was also requested to ensure the following points: "1. The original copy of Registration Certificate to your firm obtained from Govt. of Delhi may be submitted in the office of the undersigned for verification. 2. To submit a Demand Draft of Rs.2 Lacs in favour of Medical Superintendent, Safdarjung Hospital toward Earnest Money Deposit before 30.8.03. 3. To submit Ex. Servicemen Service Books including Para-military personnel in original in the office of Addl. M.S. (Security) alongwith the list of personnel to be engaged in the hospital. 4. To submit an undertaking that the required No. Of Guards (including Ex. Servicemen & Para-military personnel) will be provided daily. 5. To make the arrangement for parade up of 150 Guards (including 20% Ex. Servicemen and 30% personnel retired from Para-military forces) in front of CMO Security for physical check up before the commencement of this assignment. Date of parade should be intimated to CMO Security. 6. All the Guards should be in proper uniform with their Identity Card. 7. All the Guards deputed will be medically fit and no Guard will be put on double duty. Please ensure the acceptance of this and compliance on or before 30.8.2003 positively." (v) the appellant/plaintiff, under cover of its letter dated 27th August, 2003, forwarded a pay order for Rs.2,00,000/- as security deposit to the respondents/defendants and receipt whereof was acknowledged by the respondents/defendants on 28th August, 2003; (vi) however, the appellant/plaintiff under cover of its another letter dated 12th September, 2003 bearing the acknowledgement dated 13th September, 2003 of the respondents/defendants forwarded a copy of its Registration Certification and also informed the respondents/defendants th