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TMI Blog2019 (9) TMI 1584X X X X Extracts X X X X X X X X Extracts X X X X ..... ropriate/alternative arrangements are made by HSPV to run the same. Petition disposed off. - CWP No. 24949 of 2019 (O&M), CWP No. 24951 of 2019 (O&M) - - - Dated:- 20-9-2019 - MR. RAKESH KUMAR JAIN. AND MR. ARUN KUMAR TYAGI, JJ. For the petitioners: Mr. Chetan Mittal, Senior Advocate, with Mr. Rajesh Goyal, Advocate, Mr. Udit Garg, Advocate, Mr. Himanshu Gupta, Advocate, Mr. Manoj Vashishtha, Advocate, Mr. Jatin Kumar, Advocate and Mr. Mayank Aggarwal, Advocate For the respondent(s): Mr. Puneet Bali, Senior Advocate, with Mr. Arun Gupta, Advocate and Mr. Raunak Dhillon, Advocate, RAKESH KUMAR JAIN, J. ORDER This order shall dispose of two connected writ petitions bearing CWP No. 24949 of 2019 titled as Haryana Mass Rapid Transport Corporation Ltd. and Another Vs. Rapid MetroRail Gurgaon Ltd. (for short 1st Petition ) and CWP No. 24951 of 2019 titled as Haryana Mass Rapid Transport Corporation Ltd. and Another Vs. Rapid MetroRail Gurgaon South Ltd. (for short 2nd Petition ) because the issues involved in both the petitions are common. However, for the sake for convenience, the facts are being extracted from the 1st Petition i.e. CWP No. 24949 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tsoever , HUDA shall take possession and control of Metro Link forthwith, including the material, construction plan, implements, equipment, etc., on or about, the site. Therefore, except for the stipulation of a prior 90 days' notice in writing to HUDA by the concessionaire for termination of the concession contract, where after such termination takes effect, upon termination of the concession contract by either of the parties, HUDA is obliged to take possession of the Metro Link forthwith. I am inclined to agree with Ld. Counsel appearing for RMGL that requirement of the said prior notice is to enable HUDA to prepare itself to take over the possession and control of the Metro link. In that view of the matter, the notice of termination of the Concession Contract having been served by RMGL on HSVP (earlier known as HUDA), in writing on June 7, 2019, the said termination notice takes effect on the expiry of the 90 days therefrom i.e. September 8, 2019 and RMGL is required to handover the possession and control of the subject Metro link to HSVP on or before, September 9, 2019 and HSVP is obliged to take possession and control of the Metro link forthwith. There is no explanation as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recourse to appropriate legal proceedings to assail the validity and consequences of termination of the Concession Agreement by both of them. It is, however, clarified that HSVP, shall still be free to engage the services of RMGSL, albeit at the mutually discussed/negotiated terms and charges to run the subject Metro link till, such time, appropriate/alternative arrangements are made by HSPV to run the same. On the adjourned dates i.e. 06.09.2019, 09.09.2019, 17.09.2019, 18.09.2019, this Court had passed the following orders:- Order dated 06.09.2019 Notice of motion. At this stage, Mr. Arun Gupta, Advocate, accepts notice on behalf of the respondent(s) and prays for a short accommodation to contest the prayer for stay and the case on merits on the next date of hearing. Adjourned to 09.09.2019. Till then operation of the Rapid Metrorail by the respondent(s) shall continue on both the lines till mid-night of 09.09.2019. To be taken up in the urgent list. A copy of this order be given to the counsel for the parties under signatures of the Special Secretary of this Court. A photocopy of this order be placed on the file of connected case. Order dated 09.09.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that all these issues would be discussed in the joint meeting of the parties. Till the next date of hearing i.e. 17.09.2019, the respondent shall operate and manage the Rapid Metro Rail at Gurgaon on both the lines but subject to reimbursement of the insurance and operation and maintenance cost by the petitioners of this period. A copy of this order be given to both the parties under signatures of Bench Secretary of this Court. To be taken up in the urgent list. A photocopy of this order be placed on the file of other connected case. Order dated 17.09.2019 Although the arguments have been heard but because the Court time is over, the hearing of this case is deferred to 18.09.2019. Interim order of stay shall continue till midnight of 18.09.2019. To be shown in urgent list. A photocopy of this order be placed on the file of connected case. Order dated 18.09.2019 Learned senior counsel appearing on behalf of the Rapid Metrorail Gurgaon Ltd. (RMGL) and the Rapid Metrorail Gurgaon South Ltd. (RMGSL) has made the following proposals:- i) RMGL/RMGSL will continue to operate their Metro Link for a period of 30 days (i.e. until October 16, 2019) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Metro lines for sufficient period during which effective resolution of the entire matter could be achieved. Now, after having signed the said agreement with DMRC, HMRTC/HSVP is also of the view that the entire process of handover of O M for the said Metro Lines to DMRC be done under the supervision of Hon'ble (Retd.) High Court Judge as may be appointed by the Hon'ble Court within reasonable time. (ii) Secondly, the aspect of the ascertainment of debt due is linked with the definition of the words debt due in the concession agreement linked with the ascertainment of the Total Project Cost. However, the HMRTC and HSVP do hereby agree with the proposal of the RMGL and RMGSL that an auditor may be appointed to ascertain the actual figures in that respect. In this matter, the HMRTC and HSVP proposes that Comptroller and Auditor General of India (CAG) may be given the assignment of financial audits under the order of the Hon'ble Court to ascertain financial aspects including determination of over invoicing into the project. HMRTC/HSVP are agreeable for the appointment of CAG subject to full cooperation by RMGL and RMGSL and all documents and other information pert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to since this would lead to multiplicity of litigation and could be a serious dampener on this entire matter. This matter is being settled under the directions of the Hon'ble Court and as such the same should be acceptable to you gracefully. (vi) That the HMRTC and HSVP hereto reserves its right to make any further submissions in the light of any further arguments or facts that may be brought to light in this matter during the audit process and course of proceedings. The proposal of the RMGL and RMGSL, responded by the petitioner, is deliberated in the Court today and ultimately with the able assistance of both the counsel for the parties and keeping in view the larger public interest, the following consensus has arrived at in the presence of the senior officers of both the parties, namely, Mr. D. Suresh, IAS, Managing Director, HMRTC and Chief Administrator, HSVP and Mr. Rajiv Banga, Managing Director, RMGSL and Director RMGL that:- I) RMGL and RMGSL have decided to continue the Operation and Maintenance (for short O M ) of both the metro lines for the period of 30 days w.e.f. 16.09.2019. In the meantime, process of transfer of control and management of operation and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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