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Delhi High Court - Orders

Ms Agnitio Infrastructure Projects Pvt ... vs Ministry Of Road Transport And Highway ... on 9 February, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~50
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +           W.P.(C) 1667/2023 and CM APPL. 6351/2023, 6352/2023
                                 MS AGNITIO INFRASTRUCTURE PROJECTS
                                PVT LTD                                            ..... Petitioner
                                                   Through:     Ms. Pooja Singh and Mr. Vivek
                                                                Bhadauria,    Advocates   (M-
                                                                9811637630)
                                              versus
                                MINISTRY OF ROAD TRANSPORT AND HIGHWAY AND
                                OTHERS                                             ..... Respondents
                                                   Through:     Mr. Pavan Narang, Sr. Panel Counsel,
                                                                Mr. Himanshu Sethi, Ms. Aishwarya
                                                                Chhabra, Advocates for R-1 (M-
                                                                9899422760).
                                                                Mr. Abhishek Singh, G.P. (M-
                                                                9717417603)

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 09.02.2023

1. This hearing has been done through hybrid mode. CM APPL. 6351/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 1667/2023 & CM APPL. 6352/2023(for stay)

3. The Petitioner challenges the impugned show cause notice dated 27th December, 2022 bearing letter No.1950/1-C whereby 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, Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:11.02.2023 14:09:04 Specialised Engineering Services Private Limited- Respondent No. 2 was blacklisted by the NHAI in a different contract.

4. Ld. counsel for the Petitioner submits that the bid itself was submitted on 3rd September, 2022 and the blacklisting of the JV partner took place on 26th September, 2022. Hence, the disclosure of the same could not have been made. Ld. counsel for the Respondent No.1 wishes to seek instructions in the matter. Let all the remaining Respondents also be served in this matter.

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.

6. List on 20th February, 2023.

PRATHIBA M. SINGH, J.

FEBRUARY 9, 2023 dj/rp Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:11.02.2023 14:09:04