WPC No.7573/2008 Page 1 07 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7573/2008 JOGINDR SINGH WADHWA .... Petitioner Through Ms. Geeta Luthra, Sr. Adv. with Mr. B.P. Singh, Adv. versus MCD & ANR ..... Respondent Through Ms. Maninder Acharya, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R % 04.03.2010 1. The petitioner a class-II contractor had applied for upgradation as a class-I contractor. As there was delay in disposal of his application, the petitioner had earlier filed W.P.(C) No.5431/2008, which was disposed of on 29th July, 2009, giving liberty to the petitioner to submit a consolidated representation along with supporting documents, with direction to the respondent, MCD to pass a speaking order either upgrading the petitioner as a class-I contractor or rejecting his application with reasons. 2. Pursuant to the said direction, the matter was considered by the Board and by letter dated 6th October, 2008, the petitioner was informed that his application for upgradation as a class-I contractor stands rejected. 3. The reasons recorded by the respondent in the letter dated 6th October, 2008 are as under:- WPC No.7573/2008 Page 2 “Whereas the report received from Executive Engineer (M-S)-I, South Zone revealed that three work orders bearing No. EE-IV/SZ/TC/2005- 06/663, dated 16th March, 2006, EE- IV/SZ/TC/2005-06/668, dated 16th March, 2006 and EE-IV/SZ/TC/2005-06/670, dated 16th March, 2006 were awarded to M/s. Manmohan Singh Wadhwa, the contractor, but the contractor did not carry out the work at site despite issuing of various letters/show cause notices/notices and instead of completing the work in question, M/s. Manmohan Singh Wadhwa preferred arbitration proceedings bearing petition Nos.452/07. 453/07 and 454/2007 which are pending before Shri Alok Singh Advocate, as Sole Arbitrator.” 4. Learned counsel for the petitioner submits that arbitration proceedings have concluded and an award dated 31st August, 2009 has been passed. Learned counsel for the petitioner, in this connection, has drawn my attention to the affidavit filed by the petitioner that no other litigation is pending between the parties. Counsel for the petitioner states at bar that no objection/appeal has been filed against the award by either side. 5. In view of the fact that an award has now been passed by the learned Arbitrator, the matter is remitted back to be re-examined by the Board in the light of the findings given by the learned Arbitrator. Accordingly the respondent, MCD will re-examine the question of upgradation in light of the award and pass a speaking order rejecting or accepting the request of the petitioner for upgradation. The aforesaid exercise will be completed expeditiously, preferably within a period of eight weeks. WPC No.7573/2008 Page 3 5. The writ petition is disposed of. It is clarified that this Court has not expressed any opinion on merits, findings and the effect of the award. SANJIV KHANNA, J. MARCH 04, 2010 NA