M/s Sarik Infratech vs State Of Uttarakhand & Others

1) The present writ petition has been filed assailing the Office Memorandum dated 02.10.2023, passed by respondent No. 2, whereby the petitioner was debarred from participating in any tender process of the Public Works Departments, Uttarakhand, for a period of two years.

2) Learned Senior Counsel appearing for the petitioner submits that the said Office Memorandum was challenged by the petitioner before the Adjudicator in terms of the General Conditions of Contract. The Adjudicator has given his decision in favour of the petitioner.

3) We observe that under the agreement the order of the Adjudicator is subject to challenge before the Arbitrator as per the Arbitration and Conciliation Act, 1996. It is admitted that the State has challenged the decision of the Adjudicator before the Arbitrator and the said proceedings are still pending.

4) Admittedly, the period of debarment by the impugned Office Memorandum is over.

5) As regards the prayer made by learned Senior Counsel appearing on behalf of the petitioner for compensation being awarded to the petitioner on account of illegal debarment based on the findings returned by the Adjudicator, we are of the considered opinion that at this stage the said prayer cannot be granted inasmuch as the order of the Adjudicator is still under challenge before the Arbitrator.

6) Accordingly, the writ petition is disposed of with liberty to the petitioner to claim reliefs based on decision of the Adjudicator, subject to final outcome of the proceedings pending before the Arbitrator.

7) Pending application(s), if any, also stand disposed of.