Theme Engineering Services Pvt. ... vs National Highways Authority Of ...
2021 Latest Caselaw 128 Del

                             $~18.
                             *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                             %                                       Decided on: 13th January, 2021
                             +      LPA 404/2020 & CM APPLs.35045-46/2020
                                    THEME ENGINEERING SERVICES PVT. LTD. ..... Appellant
                                                  Through: Mr.Amit Sibal, Sr. Advocate with
                                                  Ms.Nandadevi  Deka,   Mr.Vinay    Tripathy,
                                                  Mr.Sudhir  Yadav,   Mr.Savyasachi   Rawat,
                                                  Advocates.
                                            Versus
                                    NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent

Through: Mr.Sudhir Nandrajog, Sr. Advocate with Ms.Padma Priya & Mr.Dhruv Nayar, Advocates.

CORAM:

                                    HON'BLE THE CHIEF J USTICE
                                    HON'BLE MS. J USTICE J YOTI SINGH
                                                            O RDER
                             %                              13.01.2021
                                    CORAM:
                                    HON'BLE THE CHIEF J USTICE
                                    HON'BLE MS. J USTICE J YOTI SINGH
                                                            J UDGMENT
                             :      D.N.PATEL, Chief J ustice (Oral)

Proceedings in the matter have been conducted through video conferencing.

1. The original petitioner in W.P.(C) No.11167/2020 has filed this appeal being aggrieved and dissatisfied with the order dated 24th December, 2020, passed by the learned Single Judge.

2. Learned counsel for the appellant submits that in the said writ petition, an order dated 17th December, 2020 was under challenge whereby

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:19.01.2021 20:38:06 the present appellant (Original Petitioner) was debarred from bidding for the tenders advertised by NHAI, for a period of two years. It is submitted that the said order has now been revised and a fresh order has been issued by the respondent on 12th January, 2021, which has been served upon the Appellant today morning. By virtue of the revised order the period of debarment of the appellant has been reduced from two years to six months. It is thus submitted by the learned Senior Counsel appearing for the appellant that suffice would it be if the appeal is disposed of granting liberty to the appellant to challenge the revised order dated 12th January, 2021 along with the earlier order dated 17th December, 2020 and to raise, inter alia, all the contentions raised in this appeal.

3. Having heard the learned Senior Counsels for the parties and looking to the facts and circumstances of the case, the present appeal is disposed of granting liberty to the appellant to challenge the revised order dated 12th January, 2021 along with the earlier order dated 17th December, 2020 in accordance with law, rules, regulations and Government policies applicable to the facts of the case. It is open to the appellant to raise, inter alia, all grounds and contentions available to it while challenging the said order, including those raised in the present appeal.

4. All the pending applications stand disposed of.

CHIEF J USTICE

J YOTI SINGH, J J ANUARY 13, 2021/'anb'

Signature Not Verified Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:19.01.2021 20:38:06