MANMOHAN, J. - (1.)Present writ petition has been filed seeking a direction to CBI to register an FIR under Ss. 409, 420, 120-B IPC read with Prevention of Corruption Act, 1988 to investigate and prosecute the accused persons for siphoning off the public money under the garb of illegal and void ab initio agreement dtd. 25/8/2008. Petitioner also seeks quashing of execution proceedings pending before the learned Single Judge of this Court in EX.APPL.OMP (ENF.)(COMM) 145/2021, EX.APPL.(OS) 1008/2021, 1282/2021 and 38/2022.
(2.)Petitioner, who appears in person, states that Clause 151 of Article of Association of the DMRC stipulates that an agreement should be signed by two Directors or by one Director and Secretary of DMRC. He states that in the present case, the impugned agreement was signed by a Director (Works) alone, which is contrary to Clause 151 of the Article of Association of DMRC.
(3.)He further states that the impugned agreement is contrary to public policy and Sec. 73 of the Indian Contract Act and is an outcome of fraud. He states that under the termination clause of the impugned agreement, DMRC, which is a PSU, is liable to compensate Respondent No.2, DAMEPL in case of termination of the contract by either of the parties. He further states that under the impugned agreement, DMRC does not have any right to get compensation even if the contract is terminated by the Respondent No.2.