Extension granted for Toll Tax Collection Agreement termination date, new arrangements post-lockdown, deposit collected amounts.

The Court granted an extension of the termination date for the Toll Tax Collection Agreement, allowing the SDMC to proceed with the NIT process. The effective date of termination was extended by 19 days beyond the lockdown period, with amounts collected during this extended period to be deposited with the SDMC. Despite the Petitioner's default in payment, the Court emphasized that any new arrangements or tender awards would only take effect after the extended termination date, balancing the interests of both parties during the COVID-19 lockdown.

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Issues:
1. Extension of the termination date of Toll Tax Collection Agreement due to national lockdown.
2. Default in payment by the Petitioner.
3. Postponement of the effective date of termination by the SDMC.
4. Opening of the tender and finalization of the NIT during the lockdown period.

Issue 1: Extension of the termination date of Toll Tax Collection Agreement due to national lockdown

The Court considered the application moved during the COVID-19 lockdown period requesting the termination date of the Toll Tax Collection Agreement to be extended. The SDMC had already postponed the termination date due to the national lockdown. The Court acknowledged the need for further extension of the termination date in line with the lockdown period. It was decided that the effective date of termination would be extended for an additional 19 days beyond the lockdown period, ensuring that any amounts collected by the Petitioner during this extended period would be deposited with the SDMC.

Issue 2: Default in payment by the Petitioner

The Respondent argued that the Petitioner was in default of payment as per previous orders. The Court noted the default and the submission by the Petitioner's counsel regarding the payment made to the SDMC. Despite the default, the SDMC decided to postpone the termination date due to the lockdown. The Court clarified that the extension of the termination date did not create any favorable conditions for the Petitioner and emphasized that any new arrangements or tender awards would not be effective until the extended termination date.

Issue 3: Postponement of the effective date of termination by the SDMC

The SDMC had issued a letter postponing the effective date of termination of the Toll Tax Collection Agreement due to the national lockdown. The Court reviewed the contents of the letter and noted that the SDMC had extended the termination date despite the default by the Petitioner. The Court directed that the SDMC could proceed with the NIT and finalize the tender, but the effective date of termination was to be extended by 19 days beyond the initial postponement, ensuring that any new arrangements would not take effect until after the extended termination date.

Issue 4: Opening of the tender and finalization of the NIT during the lockdown period

The Court observed that the opening of the tender was scheduled during the lockdown period, and it would take time for the NIT to be finalized due to the restrictions. While the Court allowed the SDMC to continue with the NIT process, it made it clear that the date for opening the tender and subsequent steps would not be altered. The Court specified that any amounts collected by the Petitioner after the lockdown period should be deposited with the SDMC, and the effective date of termination was extended accordingly.

In conclusion, the Court granted the extension of the termination date, allowing the SDMC to proceed with the NIT process while ensuring that any new arrangements or tender awards would only be effective after the extended termination date. The judgment balanced the interests of both parties amidst the challenges posed by the national lockdown due to the COVID-19 pandemic.

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