Delhi High Court - Orders
Theme Engineering Services Pvt Ltd & Anr vs Shri Awadhesh Kumar & Ors on 24 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:25.03.2021 17:03:44
$~5 & 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 182/2021
THEME ENGINEERING SERVICES PVT LTD &
ANR. ..... Petitioners
Through: Ms. Nandadevi Deka, Mr. Sudhir
Yadav, Ms. Divya Sharma and Mr.
Savyasachi Rawat, Advocates (M:
8130788166)
versus
SHRI AWADHESH KUMAR & ORS. ..... Respondents
Through: Mr. Dayan Krishnan, Sr. Advocate
with Ms. Padma Priya and Mr. Dhruv
Nayar, Advocates for
Respondent/NHAI.
AND
+ W.P.(C) 1173/2021, CM APPLs. 3305/2021 & 5295/2021
THEME ENGINEERING SERVICES PVT LTD. &
ANR. ..... Petitioners
Through: Ms. Nandadevi Deka, Mr. Sudhir
Yadav, Ms. Divya Sharma and Mr.
Savyasachi Rawat, Advocates.
versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA
& ORS. ..... Respondents
Through: Mr. Dayan Krishnan, Sr. Advocate
with Ms. Padma Priya and Mr. Dhruv
Nayar, Advocates for
Respondent/NHAI.
Ms. Nidhi Banga, CGSC and Mr.
Govil Upahyaya, Advocates for R-2.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.03.2021
1. This hearing has been done through hybrid mode (physical and virtual hearing).
Digitally Signed By:DINESH SINGH NAYAL Signing Date:25.03.2021 17:03:44
2. As per the last order dated 23rd February, 2021, the NHAI was directed to implement the order of the Court dated 1st February, 2021 as there was no stay granted in the LPA filed before the Division Bench.
3. Today, the Court has been informed that order dated 10th February, 2021 of the ld. Division Bench, by which notice was issued, was challenged by the NHAI before the Supreme Court and the SLP was listed today i.e., 24th March, 2021. It is submitted by both parties that the SLP has been dismissed and the Supreme Court has refused to interfere against the order dated 10th February, 2021.
4. Mr. Dayan Krishnan, ld. Sr. counsel submits that since the appeal is pending before the ld. Division Bench, the matter was mentioned before the ld. Division Bench and the ld. Division Bench has listed the matter tomorrow i.e., 25th March, 2021.
5. Needless to add, on 1st February, 2021, the order of blacklisting was stayed in this matter. The NHAI had, in fact, issued circular dated 5th February, 2021 complying with the order, however, on the very next day i.e., on 6th February, 2021, it has withdrawn that circular. The reason why the NHAI has adopted such a course of action is completely inexplicable. In fact, notice of contempt would be liable to be issued in the present case, however in deference to the submission that the matter has been listed before the ld. Division Bench on 25th March, 2021, contempt notice is not being issued.
6. List on 26th March, 2021.
PRATHIBA M. SINGH, J MARCH 24, 2021/dj/T