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Delhi High Court - Orders

M/S Theme Engineering Services Pvt. Ltd vs National Highways Authority Of India on 4 July, 2025

Author: Sachin Datta

Bench: Sachin Datta

                          $~113
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 9069/2025, CM APPL. 38598/2025
                                M/S THEME ENGINEERING SERVICES PVT. LTD. ....Petitioner
                                                                  Through:            Mr. Arvind Nayyar, Sr. Adv., Ms.
                                                                                      Nandadevi    Deka,    Mr.   Rohan
                                                                                      Thawani, Mr. Anubha Ganguli, Mr.
                                                                                      Rohan Chandra, Ms. Maryam Junai,
                                                                                      Mr. Shashwat Pratyush, Ms. Shubhra
                                                                                      Sharma, Mr. Akshay Joshi and Ms.
                                                                                      Sanyukta Kaushik, Advs.
                                                 versus
                                    NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent
                                                 Through: Mr. Ankur Mittal, CGSC, Mr. Abhay
                                                          Gupta, Mr. Rakshit Ranjan, Advs.
                                    CORAM:
                                    HON'BLE MR. JUSTICE SACHIN DATTA
                                                                  ORDER

% 04.07.2025 CM APPL. 38599/2025 (Exemption) CM APPL. 38600/2025 (Permission to file lengthy list of dates)

1. Allowed, subject to all just exceptions.

2. The applications stand disposed of.

W.P.(C) 9069/2025

3. The petitioner in the present petition assails the order bearing no. NHAI/Phase-III/Kun-Goa_KNT/2024/257746 dated 11.06.2025 passed by the respondent, whereby the petitioner has been debarred and prohibited to participate in future bids for a period of one year.

4. Issue notice.

5. Learned counsel, as aforesaid, accepts notice on behalf of the respondent.

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 07/07/2025 at 22:25:17

6. Respective counsel for the parties have been heard at some length.

7. During the course of arguments, learned Senior Counsel for the petitioner has drawn attention to paragraph-9 of a circular dated 07.10.2021 issued by the Ministry of Road Transport and Highways, Government of India to contend that even in the event of the debarment, the same cannot affect ongoing tenders where bids have already been submitted inasmuch as the debarment status has to be reckoned on the "bid due date".

8. Learned counsel for the respondent seeks some time to take instructions on the said aspect.

9. List on 08.07.2025 in the category of "Supplementary Matters".

SACHIN DATTA, J JULY 4, 2025/uk 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 07/07/2025 at 22:25:17