E5 Infrastructure Pvt Ltd vs National Highways Authority Of India on 3 March, 2023

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Delhi High Court - Orders

E5 Infrastructure Pvt Ltd vs National Highways Authority Of India on 3 March, 2023

Bench: Prathiba M. Singh

                          $~16
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +              W.P.(C) 9235/2022 and CM APPL. 27682/2022
                                 E5 INFRASTRUCTURE PVT LTD                 ..... Petitioner
                                                Through: Mr. J.P. Sengh, Senior Advocate with
                                                         Mr. Saurav Devkaran Singh, Mr. RL
                                                         Sinha, Mr. Rohit Tiwari, Mr.
                                                         Shaantanu Devansh & Ms. Tanya,
                                                         Advocates (M- 9873122945)
                                                versus
                                 NATIONAL HIGHWAYS AUTHORITY
                                 OF INDIA                                  ..... Respondent
                                                Through: Mr. Sudhir Gupta, Sr. Advocate with
                                                         Ms. Riya Seth, Mr. Varun Chandiok,
                                                         Mr. Umang Gupta & Mr. Amarjit
                                                         Singh     Bedi,    Advocates       (M-
                                                         9999110853).
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 03.03.2023

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - E5 Infrastructure Private Limited challenging the impugned order dated 2nd November, 2021 by which the Petitioner has been blacklisted for a period of 5 years by the Respondent - National Highway Authority of India (NHAI).

3. The case of the Petitioner is that under Rule 151 of the General Financial Rules (GFR), which now stands amended in terms of the OM dated 2nd November, 2021 issued by the Ministry of Finance, Government of India the maximum period of blacklisting can only be for three years, that too if the accused had been convicted of an offense.

W.P.(C) 9235/2022 Page 1 of 2 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:06.03.2023 13:33:22

4. In the present case, the allegation in the chargesheet is that one of the promoters of the Petitioner was involved in the death of one Shri Rajender Kumar Chawla. The chargesheet has been registered against the said promoter i.e. Shri Karandeep Sheoran as also some other accused, under Sections 302, 120B of the IPC and Sections 3/25 of the Arms Act, 1959. The death of Shri Rajender Kumar Chawla occurred in Jaipur and the said case is pending before the concerned trial court in Jaipur.

5. The submission of Mr. J.P. Sengh, ld. Senior Counsel for the Petitioner is that there are more than 1500 families, are dependent on the business of the Petitioner and they would be completely put to distress if the blacklisting order is not lifted.

6. Issue notice.

7. Let the NHAI put a specific affidavit in this matter. Reply be filed within 4 weeks. Rejoinder thereto be filed within 4 weeks thereafter.

8. By the next date of hearing, the exact status of the pending criminal trial shall also be placed on record.

9. List before the Registrar on 11th May, 2023 for completion of pleadings.

10. List before the Court on 21st August, 2023.

PRATHIBA M. SINGH, J.

MARCH 3, 2023 dk/kt W.P.(C) 9235/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:06.03.2023 13:33:22

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Delhi High Court - Orders