Delhi High Court - Orders
Jmc Projects (India) Limited vs National Highway Authority Of India on 5 August, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9294/2022, CM APPL. 27838/2022(Stay)
JMC PROJECTS (INDIA) LIMITED ..... Petitioner
Through: Mr. Amit Sibal, Sr. Adv. with Mr.
Ayush Agarwal, Mr. Sunil Mittal, Mr.
Vikrant Singh, Mr. Sushant Tomar,
Mr. Yogesh Dalal, Mr. Amit Kumar,
Advs.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA..... Respondent
Through: Ms. Kadambari, SC for NHAI with
Mr. Uttam Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 05.08.2022 Pursuant to the last order passed, learned counsel appearing for the National Highway Authority of India [NHAI] has apprised the Court that on the incident coming to light, the petitioner was restrained from participating in future tenders of NHAI in terms of an order dated 13 September 2021 with immediate effect awaiting the outcome of the investigation which had been initiated. According to learned counsel, the order of 28 January 2022 is thus liable to be understood in that backdrop and since the petitioner admittedly had not been permitted to bid in any NHAI tenders post 13 September 2021. Learned counsel explains that the said position had continued till the passing of the impugned order.
Mr. Sibal submits that as is evident from paragraph 13 of the order impugned here, the decision of the respondents not to deal with the petitioner stands restricted to the period 13 September 2021 till the date of issuance of that order. This position is not disputed even by learned counsel Signature Not Verified Digitally Signed By:NEHA Signing Date:06.08.2022 14:19:42 appearing for the NHAI.
It is thus manifest that the order of 28 January 2022 is not liable to be understood or construed even as per the NHAI as amounting to an order of debarment of the petitioner from future contracts.
In view of the aforesaid, while the writs as prayed for need not be granted or issued, the petition shall stand disposed of subject to the aforesaid observations.
Pending application also stands disposed of.
YASHWANT VARMA, J.
AUGUST 5, 2022/neha Signature Not Verified Digitally Signed By:NEHA Signing Date:06.08.2022 14:19:42