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Gujarat High Court

Classic Network Private Limited vs National Highways Authority Of India & 3 on 17 February, 2016

Author: Akil Kureshi

Bench: Akil Kureshi, Z.K.Saiyed

                  C/SCA/2596/2016                                            ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     SPECIAL CIVIL APPLICATION NO. 2596 of 2016

         ==========================================================
                 CLASSIC NETWORK PRIVATE LIMITED....Petitioner(s)
                                   Versus
            NATIONAL HIGHWAYS AUTHORITY OF INDIA & 3....Respondent(s)
         ==========================================================
         Appearance:
         MR.CHIRAG K SUKHWANI, ADVOCATE for the Petitioner(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
                 and
                 HONOURABLE MR.JUSTICE Z.K.SAIYED



                                    Date : 17/02/2016
                                      ORAL ORDER

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

1. Case of the petitioner is that, the respondents-National Highway Authority and its officers have applied wrong factors while computing the capability of the petitioner. First grievance of the petitioner is that, the current year for judging such capability should be the year 2015-16 and not 2013-14, as is done by the respondents. The second contention of the petitioner is that the value of existing commitments and ongoing works should be computed for a period of six months which is the duration of the contract and not one year as is done by the respondents. According to the petitioner, therefore, by applying such wrong factors the petitioner is held disqualified.

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HC-NIC Page 1 of 2 Created On Thu Feb 18 02:45:05 IST 2016 C/SCA/2596/2016 ORDER

2. Notice returnable on 24.02.2016. Learned counsel Mr.Nanavati appearing for the respondents on advance copy stated that, till then, the respondents shall maintain status quo with respect to awarding of the contract in question. Direct service today is permitted.

(AKIL KURESHI, J.) (Z.K.SAIYED, J.) Jyoti Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Feb 18 02:45:05 IST 2016