Delhi High Court - Orders
Jmc Projects (India) Lid. & Ors vs National Highways Authority & Anr on 23 November, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
$~26 (SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13160/2021, CM APPL. 41526/2021 & CM APPL.
41527/2021
JMC PROJECTS (INDIA) LID. & ORS. ..... Petitioners
Through: Mr. Mukul Rohtagi, and Mr. Saurabh
Kirpal, Sr. Advs. with Mr. Shamik
Sanjanwala, Advs.
versus
NATIONAL HIGHWAYS AUTHORITY & ANR.
..... Respondents
Through: Ms. Aggarwal, Adv. for R-2/UOI
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 23.11.2021 The challenge in the present petition is to an order dated November 18, 2021 pursuant to which the bid of the petitioner who was declared as L- 1in the tendering process which was initiated by the respondent has come to be rejected on the ground that the competent authority has not granted security clearance.
Learned Senior counsel contends that the aforesaid action is clearly rendered unsustainable since as would be evident from the shareholding pattern of the petitioner as disclosed in the Joint Bidding Agreement and allied documents filed, Clause 2.1.12 of the tender notice would not stand attracted. It was submitted that the said clause which mandates a security clearance being obtained could have only applied if not less than fifty Signature Not Verified Digitally Signed By:BHAWNA Signing Date:26.11.2021 11:25:24 percent of the issued, subscribed or paid up capital was held by persons resident outside the country. It was additionally pointed that the joint venture partner had in fact been selected and awarded contracts by the respondents themselves.
Learned counsel for UOI - respondent prays for time to obtain necessary instructions in the matter.
As prayed, list before the Roster Bench on 29.11.2021. It is further observed that any action that may be taken by the respondents in the meanwhile and till that date, shall abide by the result of the present writ petition. The Court further reserves liberty to the petitioner to seek further order(s) on the stay application as made on the date fixed.
YASHWANT VARMA, J.
NOVEMBER 23, 2021/bh Signature Not Verified Digitally Signed By:BHAWNA Signing Date:26.11.2021 11:25:24