Delhi High Court - Orders
M/S Theme Engineering Services Pvt Ltd vs National Highways Authority Of India on 30 August, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11968/2024 & CM APPL. 49791/2024, CM APPL.
49792/2024
M/S THEME ENGINEERING SERVICES PVT LTD .....Petitioner
Through: Mr. Jayant Mehta, Senior Advocate
with Ms. Nandadevi Deka, Ms. Divya
Sharma, Mr. Shashwat Pratyush and
Mr. J. Talukdar, Advocates.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent
Through: Mr. Ankur Mittal, Standing Counsel
with Mr. Abhay Gupta and Ms.
Ikshita Parihar, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.08.2024
1. The present writ petition impugns the suspension order dated 19th August, 2024 whereby the Petitioner has been suspended from participating in any ongoing or future bids for a period of one month or till the completion of the investigation by the Expert Committee, whichever is later, in accordance with the policy circular dated 16th November, 2021 issued by National Highways Authority of India1 as well as the policy circular dated 06th October, 2021 issued by the Ministry of Road Transport and Highways2.
2. Petitioner contends that the Expert Committee investigation is 1 "NHAI' 2 "MoRT&H"
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 31/08/2024 at 06:11:28 ongoing and therefore, in terms of Clause 6 of the impugned communication, the Petitioner's suspension could go indefinitely. On this aspect, Mr. Ankur Mittal, Standing Counsel for NHAI, on instructions has provided a copy of the communicated dated 24th August, 2024 whereby the Concessionaire - IRB Westcoast Tollway Private Limited as well as the Petitioner herein - Theme Engineering Services Private Limited, have been called upon to submit certain documents. It is urged that once all these documents are submitted; the Expert Committee shall give their findings within ten days.
3. Mr. Jayant Mehta, Senior Counsel for Petitioner, states that all the requisite documents have been regularly furnished and the communication dated 24th August, 2024, as mentioned by Mr. Mittal, has also been responded to by the Petitioner.
4. In light of the above, it is considered appropriate that the Expert Committee be directed to submit its investigation report within a period of one week from today. It is directed that the said report shall be furnished to Petitioner and a copy thereof shall also be filed before the Court on or before the next date of hearing.
5. Re-notify on 09th September, 2024.
SANJEEV NARULA, J AUGUST 30, 2024 d.negi 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 31/08/2024 at 06:11:28