Advocate Aditya Vashisth

Questions Answered by Advocate Aditya Vashisth

Q: When can issues be raised in a court proceedings

Can issues be framed at any stage in a case., Even when the cross has started ?

Advocate Aditya Vashisth answered
Yes, under Order 14 Rule 5 of the C.P.C. the Court is empowered to amend issues or frame additional issues at any stage of proceedings.After the amendment of 2002 in the Code of Civil Procedure, Order 14 Rule 5 which was deleted by an earlier amendment, was brought back and so the Courts again have wide powers to amend or strike out any issues framed at any stage before passing the decree. Further, the Court has been given powers to amend or frame additional issues as may be necessary for determining the matters in controversy between the parties.

Q: Pending Litigation of Bidder in international competitive bidding

In an International Competitive Bidding, we have asked the bidder to list pending litigation and demonstrate that the amount in dispute is not more than 50% of their net worth. The Bidder did not submit the data and demonstration, instead gave an undertaking that it meets the criteria and the total amount in dispute is not more than 50% of their net worth. Could it be accepted ?? or it can strait away be disqualified ??

Advocate Aditya Vashisth answered
I would have to review the documents in this case. In all likelihood this undertaking, under the letter head of the company and signed by the authorised signatory should be sufficient to the extent of the quantum of dispute only. we would need to know the nature of dispute and where is it pending.