sufficient
ground to terminate the Contract and blacklist your firm from
taking any assignment of NHAI in future as per clause ... NHAI Headquarters on 04 January 2021. On 12
January 2021, the Review Committee of NHAI proceeded to pass the
impugned order of blacklisting
NHAI to debar or refuse to deal with an entity while
entering into a contract in the commercial sphere. The proposition that
blacklisting
Petitioner has been blacklisted for a period of
5 years by the Respondent - National Highway Authority of India (NHAI).
3. The case of the Petitioner ... completely put to distress if the
blacklisting order is not lifted.
6. Issue notice.
7. Let the NHAI put a specific affidavit in this matter
Petitioner, Specialised Engineering Services Private Limited-
Respondent No. 2, was blacklisted by the NHAI in a different contract.
3. The case of the Petitioner ... submitted on 3rd
September, 2022 and the joint venture partner has been blacklisted thereafter
on 26th September, 2022. Thus, the said blacklisting could not have
Specialised Engineering Services Private Limited- Respondent No. 2 was
blacklisted by the NHAI in a different contract.
4. Ld. counsel for the Petitioner submits that
present petition, a blacklisting order dated 7th November 2022
was issued against the Petitioner- M/s. Tantia Constructions Ltd. The said
blacklisting order ... future tenders
floated by Respondent No. 1- NHAI.
3. Insofar as the validity of the impugned blacklisting order is
concerned, list for hearing on 31st
NHAI v. Neeraj Upadhyay (supra) and
NHAI v. The ME Engineering Services Private Ltd. (supra) would show
that staying of the debarment/blacklisting
Kumar, Advocate
For the NHAI : M/s Dr. K.N.Singh, Sr. Advocate
Dr. Maurya Vijay Chandra, SC of NHAI
Gaurav Govinda, Advocate
Rishav Ranjan ... NHAI submits that though a tender was floated and the bid was
accepted, the successful tenderer was one who was blacklisted.
Hence the tender
Debarment Order by a sister concern of the Respondent
i.e., the NHAI and accordingly, the application of the said Debarment Order
to the Tender ... situation wherein either the Petitioner or its
own holding company has been blacklisted, however this is a case wherein
an ancillary company has been debarred
also
cancelled.
6.
(v) It is also not disputed that the NHAI has decided not
to establish any toll plaza at the site because ... money deposited by the petitioner has been
forfeited and it has been blacklisted.
It is, therefore, submitted on behalf of the petitioner that the action
