Delhi High Court - Orders
Ms Agnitio Infrastructure Projects ... vs Ministry Of Road Transport And Highway ... on 18 April, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1667/2023 & CM APPL.18825/2023
MS AGNITIO INFRASTRUCTURE
PROJECTS PVT. LTD. ..... Petitioner
Through: Ms. Pooja Singh, Mr. Vivek
Bhadauria & Mr. Vishal Rishi
Srivastava, Advs. (M: 9968655631)
versus
MINISTRY OF ROAD TRANSPORT AND
HIGHWAY AND OTHERS ..... Respondents
Through: Mr. Pavan Narang, Mr. Himanshu
Sethi and Ms. Aishwarya Chhabra,
Advs. (M: 9999384080)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.04.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner challenges the impugned show cause notice dated 27th December, 2022 bearing letter No.1950/1-C. Vide the said notice, the Petitioner was given time to submit a reply as to why action ought not to be taken against the Petitioner for not disclosing the fact that the JV partner of the Petitioner, Specialised Engineering Services Private Limited- Respondent No. 2, was blacklisted by the NHAI in a different contract.
3. The case of the Petitioner is that the bid itself was submitted on 3rd September, 2022 and the joint venture partner has been blacklisted thereafter on 26th September, 2022. Thus, the said blacklisting could not have been disclosed at the time of submission of the bid.
4. After hearing parties on 9th February, 2023, this Court had passed the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.04.2023 14:23:25 following order.
"5. Ld. counsel for the Respondent shall seek instructions as to whether the tender has been awarded or not. If the tender has not yet been awarded, status quo shall be maintained."
5. The Respondent has now moved an application being CM APPL.18825/2023 seeking vacation of the status quo order passed by the Court. In the said application it is submitted that the Ministry of Road Transport & Highways (MoRTH) has taken a decision to cancel the present tender and invite fresh bids. Copy of the letter of MoRTH dated 17th February, 2023 has been placed on record.
6. In view of the fact that the subject tender is itself being cancelled, no further orders are called for in the present case.
7. It is, however, made clear that there shall be no impediment in the Petitioner participating in future tenders so long as the blacklisted/debarred partner is not a consortium partner of the Petitioner.
8. With these observations, the petition is disposed of. All pending applications are also disposed of.
9. The status quo order stands vacated. The next date of hearing i.e. 10th May, 2023 stands cancelled.
PRATHIBA M. SINGH, J.
APRIL 18, 2023/dk/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.04.2023 14:23:25