Delhi High Court - Orders
Jmc Projects (India) Limited vs National Highway Authority Of India on 19 July, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9294/2022 & CM APPL. 27838/2022
JMC PROJECTS (INDIA) LIMITED ..... Petitioner
Through: Mr.Amit Sibal, Sr. Adv. with
Mr.Ayush Agrawal, Mr.Vikrant
Singh Bloria, Mr.Sushant Tomar,
Mr.Sunil Mittal, Mr.Yogesh Dalal
and Mr.Amit Kumar, Advs.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Respondent
Through: Ms.Kaadambari, SC for NHAI with
Mr.Uttam Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 19.07.2022
1. The petitioner has challenged the order dated 28 January 2020 which purported to be one of debarment. Para 13 of that order reads thus:-
"13. In view of the above mentioned facts and circumstances, M/s. JMC Projects (India) Pvt. Ltd. are debarred from participating in NHAI bids with effect from 13.09.2021 (i.e. date of interim action) till the date of issuance of this order. Further, a financial penalty of Rs.3.00 crore is also being imposed, hereby upon the Contractor for the lapses/laxity besides reconstruction of the collapse girders/span at its own cost. This penalty as imposed, herein, shall be deposited within 7 days from issuance of this order."
2. As is manifest from the extracts of the order, the petitioner has been essentially blacklisted from a retrospective date of 13 September 2021. The order further provides that the aforesaid debarment would operate till the date on which it was issued. Prima facie, not only does the order defy logic, Signature Not Verified Digitally Signed By:NEHA Signing Date:20.07.2022 14:58:37 it also appears to be manifestly arbitrary since there cannot possible be debarment or blacklisting on a retrospective basis. The Court further takes note of the submission of Mr. Sibal, who contends that as long as the aforesaid order stands and holds the field, the petitioner would also stand disqualified from participating in tenders that may be floated by entities other than NHAI also. Let learned counsel appearing for NHAI take instructions.
3. List again on 26.07.2022.
YASHWANT VARMA, J.
JULY 19, 2022/bh Signature Not Verified Digitally Signed By:NEHA Signing Date:20.07.2022 14:58:37