Court : Delhi
..... to cure the defects within the cure period and failed to take effective steps towards curing of the defects during the cure period, the contention that it was financial viability which was the main reason and not defects in the structure is not sustainable.77. ..... denied that the arbitral tribunal has disregarded article 29.5.1 (i) of the concession agreement by holding that the use of words non-exhaustive list of defects , mentioned by the concessionaire in its cure notice, was in accordance with article 29.5.1 (i) ..... it is submitted that the arbitral tribunal has disregarded article 29.5.1 (i) of the concession agreement by holding that the use of words non- exhaustive list of defects mentioned by the concessionaire in its notice dated 09.07.2012 was in accordance with article 29.5.1(i) and that it was not bound to give access to an exhaustive list of defects for ..... train operation, tentative assessment of the cause of cracks, unreliable measurement of crack depth which in many cases extend to more than half of the depth of the bottom slab of the u girder and non- serious inspection of the repairs by an agency appointed by delhi metro impact adversely on the integrity of the structure. ..... year of train tentative assessment of the cause of cracks, unreliable measurement of crack depth which in many cases extend to more than half of the depth of bottom slab of u girders non-serious inspection of the repairs by an agency appointed by dmrc impact adversely on the integrity of the structure. .....
Tag this Judgment!Court : Delhi
..... the claimant for longitudinal analysis in the design basis report iii) eccentric pier caps by jacketing of reinforced concrete; the strengthening by the claimant of all piers having iv) non-adherence of the design by the claimant, such: a) non-adherence to design principles; b) non-compliance to dimensional requirements; c) non-compliance of material specifications; and fao(os)(comm) no.58/2018 page 41 of 97 d) method statements have not been prepared, independently checked, approved and followed; e) defects in the ..... the respondent's rejoinder note-iv submitted on 20.08.2016 that if its termination was valid under article 29.5.1 of the ca, the question of financial viability or otherwise of the project is completely irrelevant.101. ..... dmrc more than half of the depth of bottom slab of u girder and non serious inspection of the repairs by an agency appointed impact adversely on the integrity ..... we had called upon dmrc to consider the said aspect, including effect of non- servicing/payment of debt due and payable by damepl, termination payment , if payable, under article 29.4 read ..... damepl was entitled to collect fare from the passengers and from non-fare revenue sources like lease of retail space, property development ..... our directions for a fresh adjudication would apply to validity or invalidity of non-exhaustive notice dated 9th july, 2012 on which we have made no specific pronouncement as the issue is fao(os)(comm) no.58/2018 page 95 of 97 interconnected and linked with the findings .....
Tag this Judgment!Court : Delhi
..... on the following clauses from the circular dated 26th february, 2014: 4.3 restructuring by jlf43.1 if the jlf decides to restructure an account independent of cdr mechanism, the jlf should carry out the detailed techno-economic viability (tev) study, and if found viable, finalise the restructuring package within 30 days from the date of signing off the final cap as mentioned in paragraph 3.3 above. 4.3.3. ..... pnbisl tev report also does not indicate any analysis of the effect of non provision of the additional working capital and, therefore, the observation that financial projections due to lack of additional funding is not supported by any reasons/ ..... pursuant thereto dun and bradstreet (d&b) was requested to draw a techno economic viability report (the tev report ) on the restructuring of existing loans and it submitted its tev report on march 27, 2015 along with the final restructuring package and after perusal of the said report, the ..... if the jlf chooses to opt for restructuring then a detailed techno-economic viability (tev) study has to be carried out in a time bound manner and if restructuring is thereafter found viable then a restructuring package has to be finalized in a time ..... pursuant thereto dun & bradstreet (d&b) was requested to draw a techno economic viability report (the tev report ) on the restructuring of existing loans and it submitted its tev report on march 27, 2015 along with the final restructuring package and lpa5792018 page 72 of 92 after perusal of the said .....
Tag this Judgment!Court : Delhi
..... 16 submits that to obtain clarity as to the factors and/or criteria to determine the "viability" of a bid, a pre-bid query was made wherein it was stated that the decision to disqualify a bidder in the financial bid stage by declaring the bid as unviable was highly subjective and needs clarification. ..... according to the union, which has filed a response and also relied on the original records (including the analysis and observations of the viability committee, which were produced during the hearing) an evaluation of the real costs undertaken by the committee disclosed in respect of all important parameters, the ..... ten-finger print, enrolment of facial biometrics along with prices for vas; the financial bid was to be followed by an outsourcing committee as regards viability of the service fee quoted by the bidders. ..... sees cannot specified be note: mission has the right to disqualify the bidders in the financial bid stage if the costing details are not commercially viable found unsustainable, treating the bid as unresponsive and be to no there is definition provided in the ..... can be no gainsaying that such discretion vested in the outsourcing committee has to be exercised in a completely non- arbitrary manner and in accordance with the principles enshrined under article 14 of the constitution of india.8. ..... following principles emerge: (a) the basic requirement of article 14 is fairness in action by the state, and non-arbitrariness in essence and substance is the heartbeat of fair play. .....
Tag this Judgment!Court : Delhi
..... para 4.3 of the same reads as under : 4.3 restructuring by jlf43.1 if the jlf decides to restructure an account independent of the cdr mechanism, the jlf should carry out the detailed techno-economic viability (tev) study, and if found viable, finalise the restructuring package within 30 days from the date of signing off the final cap as mentioned in paragraph 3.3 above. ..... (d) it is submitted by mr.sethi, learned senior counsel appearing on behalf of plaintiff, that in fact the defendant no.1 was going through financial liquidity crunch and was desirous of restructuring or re-schedulement and/or reduction in then interest rates of the debts/borrowings availed by the defendant no.1 under the aegis of a capital debt restructuring mechanism, which is a voluntary non-statutory system based on debtor-creditor agreement (dca) and inter- creditor agreement (ica) signed between the contracting parties. ..... further, the jlf may consider the benchmarks for the viability parameters adopted by the cdr mechanism (as mentioned in appendix to the circular no.dbod.bp.bc.no.99/21.04.132/2012-13 dated may 30, 2013 on review of prudential guidelines on restructuring of advances by banks and financial institutions ) and adopt the same with suitable adjustments taking into account the fact that different sectors of the economy have different performance indicators. 39. ..... the iec will look into the viability aspects after ensuring that the terms of restructuring are fair to the lenders. .....
Tag this Judgment!Court : Delhi
..... the contention that economic viability of the industrial unit or the financial capacity of the employer cannot be taken into consideration in the matter of revision of pay scales of the employees, does not ..... we are unable to accept the contention of shri venkataramani that on account of non-revision of pay scales of the petitioners in the year 1992, there has been any violation of their fundamental rights guaranteed under article 21 ..... in paragraph 45, the supreme court had stated that the liberalized scheme applicable to government employees was a non-contributory scheme and that was not a case of pension fund. ..... the core issue raised by the retired employees / association is that dearness relief amount as per the rules is not added or merged with the basic pension and this results in non-revision of basic wp(c)184/2007 & connected matters page 32 of 90 pension. ..... ), for upgrading the basic pension to all india consumer price index of 1740 point and 100 per cent dearness allowance neutralization thereon in respect of retirees prior to 1st august, 1997 was non est and would not confer any legal right. ..... [(1985) 3 scc545: air1986sc180 but to hold that mere non-revision of pay scale would also amount to a violation of the fundamental right guaranteed under article 21 would be stretching it too far and ..... in developed countries, pensions are mostly contributory in nature, non-contributory pensions being restricted to invalidity payments in the nature of social security measures rather than .....
Tag this Judgment!Court : Delhi
..... the bid rejection by ihbas was not arbitrary, but based on a carefully contemplated decision that champions the functional viability of the purpose of the invitation of the tender and the efficient utilisation of public money, and is thus, not arbitrary ..... as has been stated earlier, the petitioner has submitted its annual statement showing its financial worth and has also explained the source of funding by the government in other self ..... the committee concurred that the experience of hardships and bad publicity of ihbas in past few years due to non- compliance & active violation of statutory benefits to the house-keeping workers by the contractor is worth consideration for deliberations that with almost nil administrative cost, the likelihood of similar situation arising is almost certain and ..... these apprehensions were already discussed in the meeting of the committee held on 28.7.2017 and concluded that there is strong possibility of adverse impact on patient care service and legal complications may arise due to non- adherance of statutory provisions by the bidder who has quoted the administrative charge which is almost nil i.e., rs. ..... petitioner is a private limited company that provides manpower services to various government and non-government organizations which include the supreme court of india, saket district courts, indian law institute, various ..... participating bidders are entitled to is a fair, equal and non-discriminatory treatment in the matter of evaluation of their tenders .....
Tag this Judgment!Court : Delhi
..... we are clearly of the view that the decision of the tender opening committee, is not reasonable in as much as it does not take into account the financial health of the petitioner and more so, when seen in the light of the initial requirement in the tender of not offering any rate below 5%, which requirement was consciously removed/deleted by a ..... bid of petitioner was compliant and responsive in all respects and that along with the bid document, the petitioner has furnished evidence of sound financial health in the form of many projects which are being simultaneously run by it in different states. 45. ..... decision dated 23.03.2016 [recorded as minutes of the meeting held on 02.03.2016 passed by the tender opening committee of respondent no.2, directorate of education, gnctd (caretaking branch)], government of nct of delhi, old secretariat, delhi whereby the financial bid of the petitioner was rejected on the ground that the same was non responsive to the terms of the tender document. 2. ..... thus, the viability range fixed by the tender document can only be taken as above zero to ..... , it is always expected that the lowest bid would be accepted, a possible exception being, its commercial un-viability. ..... herein, offered a hybrid business model which took care of the viability. 25. ..... to have explained the reason of charging as less as re 1/- as commission charges because of hybrid business model of the petitioner which permits the petitioner to do so without affecting the commercial viability. 24. .....
Tag this Judgment!Court : Delhi
..... the emphasized portions of the aforesaid paragraphs of the judgment in idpl (supra) case shows that economic viability and financial capacity of the employer is an important factor which cannot be ignored while fixing the wage structure and revision of pay-scales, and upward revision cannot be done when a psu has been suffering heavy ..... being employees of the companies, it is the responsibility of the companies to pay them salary and if the company is sustaining losses continuously over a period and does not have the financial capacity to revise or enhance the payscale, the petitioners, in our view, cannot claim any legal right to ask for a direction to the central government to meet the additional expenditure which may be incurred on account of revision ..... therefore, it appears to be the consistent view of this court that the economic viability or the financial capacity of the employer is an important factor which cannot be ignored while fixing the wage structure, otherwise the unit itself may not be able to (sic) and may have to close down which ..... bindal (supra), this court specifically held that the economic viability or the financial capacity of the employer is an important factor which cannot be ignored while fixing the wage structure, otherwise the unit itself may not be able to function and may have to close down which ..... (f) promotion to posts declared as non-selection posts and indicated as such in the annexure to these rules shall be made on the basis of seniority subject .....
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..... pnbisl tev report also does not indicate any analysis of the effect of non provision of the additional working capital and, therefore, the observation that the petitioner could not achieve the financial projections due to lack of additional funding is not supported by any ..... the respondent banks, on the other hand, raised several other issues including alleging financial indiscipline and accusing the petitioner of not routing the transactions through the designated account ( ..... (the jlra), which the petitioner now seeks enforcement of (albeit by issuance of directions to the rbi) was premised on restructuring the financial facilities by converting the outstanding interest as loans and a moratorium in payment of interest ..... repay its dues as demanded by the respondent banks and the same has led some of the respondent banks the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 (hereafter sarfaesi act ). ..... pursuant thereto dun & bradstreet requested to draw a techno economic viability report (the tev report ) on the restructuring of existing loans and it submitted its tev report on march 27, 2015 along with the final restructuring package and after perusal of the said ..... thus of the view that the petitioner s case could be considered under the s4a scheme subject to the viability being established ..... 19.03.2015, the jlf decided to proceed with the petitioner s request for implementing the cap and decided to get a techno economic viability (tev) study w.p. .....
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