Delhi High Court - Orders
Theme Engineering Services Pvt. Ltd vs National Highways Authority Ofindia on 12 December, 2023
$~64.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15996/2023 & CM APPL. 64336-64337/2023
THEME ENGINEERING SERVICES PVT. LTD ..... Petitioner
Through: Mr. Jayant Mehta, Sr. Advocate with
Ms. Nanda Devi, Mr. Rohan Chandra,
Mr. Zain Haider, Mr. Savyasachi and
Mr. K.S. Jaggi, Advocates.
versus
NATIONAL HIGHWAYS AUTHORITY OFINDIA..... Respondent
Through: Ms. Madhu Sweta and Ms. Astha
Dhawan, Advocates.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 12.12.2023
1. The petitioner assails the inaction on the part of the respondent authority in not considering the petitioner's representation for clarification over a typographical error in the bid document, the consequence of which otherwise - as envisaged under the Request for Proposal ('RFP') is that the petitioner will be declared to be non-responsive and knocked out of the bidding process from the tenders floated by respondent No.1 authority.
2. Learned senior counsel for the petitioner states that the crux of the issue from which the present petition emanates concerns the discrepancy in percentage shares between the petitioner and the Joint Venture partner. The This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 01:12:04 percentage share of the petitioner as per MoU is 70% whereas that mentioned in the bid document i.e. Appendix B-11 is 40%. He emphasises that the said anomaly has no bearing on the technical capability of the petitioner.
3. Issue notice. Ms. Madhu Sweta accepts notice on behalf of the respondent. She states that the petitioner's representation dated 23rd October, 2023, 04th December, 2023, 06th December, 2023 and 7th December, 2023 shall be disposed of within two weeks.
4. The statement made by the learned counsel for the Respondent is accepted by this Court and the Respondent is held bound by the same.
5. In view of the aforesaid, the present petition stands disposed of. The rights and contentions of all the parties are left open.
ACTING CHIEF JUSTICE MINI PUSHKARNA, J DECEMBER 12, 2023 N.Khanna This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/12/2023 at 01:12:04