9911796707
TMI Blog2020 (4) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... the SDMC itself, due to the national lock-down. Since the national lock down has now been extended for a further period, the effective date of termination would, by the rationale of the above letter, be required to be extended for the further period of lockdown. In any event, a perusal of the NIT dated 6th April, 2020 shows that the opening of the tender is to take place on 22nd April, 2020. While it is made clear that the SDMC would be permitted to go ahead with its NIT and finalize the tender, it is clarified that the effective date of termination shall stand postponed for a further period of 19 days. If the lock down is lifted with effect from 4th May, 2020, all the amounts which are collected upon lifting of the lockdown, by the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ays that the fresh notice inviting tender should also accordingly be postponed. 5. Mr. Sanjay Jain, ld. ASG appearing for the Respondents submits that the order dated 2nd March, 2020 is clear to the effect that the Petitioner had to pay in terms of the earlier order dated 26th November, 2019. Ld. Counsel submits that since the Petitioner is in default, no relief is liable to be granted in favour of the Petitioner. 6. A perusal of the order dated 2nd March, 2020 makes it clear that in case of any default, the interim order would stand automatically vacated. On a specific query, Mr. Nayyar concedes that he is not seeking protection under the order dated 26th November, 2019 or the order dated 2nd March, 2020 and admits that there has been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 21 days. 2. The postponement of effective date of termination from 14.04.2020 to 05.05.2020 shall be without prejudice to the earlier demand notices and future demand notices that may be issued by the SDMC. Your contractual liability to pay the arrears of Toll Tax and the contractual amount to SDMC shall remain un-effected by the postponement of the effective date of termination. 3. The postponement as stated above shall be without pre-judice to the rights and contentions of the SDMC in the on-going litigation and shall not confer any right upon you. 4. The other contents of the earlier termination notice dated 16.03.2020 shall remain the same." A perusal of the above letter shows that despite the defaults of the Petitioner, the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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