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Delhi High Court
Sai Eternal Foundation vs National Highways Logistics ... on 23 March, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~62 to 64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15140/2025
Date of Decision: 23.03.2026
IN THE MATTERS OF:
SAI ETERNAL FOUNDATION .....Petitioner
Through: Mr.Tarun Johri, Mr.Ankur Gupta,
Mr.Vishwajit Tyagi Advocates.
versus
NATIONAL HIGHWAYS LOGISTICS MANAGEMENT LTD.
(NHLML)
.....Respondent
Through: Mr. Arun Kumar Varma, Sr.
Advocate with Mr. Abhishek Kumar,
Advocate.
Mr. Prashant Jain, V.P. Ropeways in
person.
+ W.P.(C) 18200/2025
SAI ETERNAL FOUNDATION .....Petitioner
Through: Mr.Tarun Johri, Mr.Ankur Gupta,
Mr.Vishwajit Tyagi Advocates.
versus
NATIONAL HIGHWAYS LOGISTIC MANAGEMENT LTD
.....Respondent
Through: Mr. Arun Kumar Varma, Sr.
Advocate with Mr. Abhishek Kumar,
Advocate.
Mr. Prashant Jain, V.P. Ropeways in
person.
Signature Not Verified Signature Not Verified
Signed By:NEHA CHOPRA Signed
Signing Date:28.03.2026 By:PURUSHAINDRA
10:48:17
KUMAR KAURAV
AND
+ W.P.(C) 19630/2025
SAI ETERNAL FOUNDATION .....Petitioner
Through: Mr.Tarun Johri, Mr.Ankur Gupta,
Mr.Vishwajit Tyagi Advocates.
versus
NATIONAL HIGHWAYS LOGISTIC MANAGEMENT LTD.
(NHLML)
.....Respondent
Through: Mr. Arun Kumar Varma, Sr.
Advocate with Mr. Abhishek Kumar,
Advocate.
Mr. Prashant Jain, V.P. Ropeways in
person.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. These three writ petitions, having the same parties, common facts, and
overlapping issues are being decided by this common order.
2. The respondent-National Highways Logistics Management Ltd.
("NHLML") seems to have floated tenders for the Development, Operation
and Maintenance of Dhosi Hill Ropeway, in Haryana; ropeway from SDA
Parking to Shankaracharya Temple in Jammu and Kashmir; and ropeway
between Shankar Viman Mandapam and Triveeni Pushp at Prayagraj, Uttar
Pradesh ("Projects"). Upon the petitioner submitting its bids, Letter of
Awards dated 14.03.2024, and 23.01.2024 were issued by the NHLML.
Signed By:NEHA CHOPRA Signed
Signing Date:28.03.2026 By:PURUSHAINDRA
10:48:17
KUMAR KAURAV
3. Thereafter, it appears that on account of the non-availability of
European suppliers, the requirement under the Request for Proposal
("RFP") of having an agreement with a Original Equipment Manufacturer
("OEM"), could not be complied with. Taking cognisance of the aforesaid,
NHLML passed the Impugned Orders, whereby, the Bid Security submitted
by the petitioner for each of the Projects have been forfeited and the Letters
of Award have been cancelled.
4. Concomitantly, with the petitioner being unable to undertake the
projects, the Projects were put for fresh bids. The bids were, thereafter,
accepted and the work is being carried out by the successful bidder. It be
noted that one of the projects i.e., ropeway from SDA Parking to
Shankaracharya Temple in Jammu and Kashmir has been scrapped.
5. The petitioner contends that European companies had formed a Cartel
and, thus, he could not get an agreement with an OEM.
6. Though, the respondent-NHLML has attempted to justify the
Impugned Orders, however, under the facts of the present case, the Court
finds that the non-availability of OEM, is not attributable to the petitioner.
The Court, therefore, deems it appropriate to direct the respondent-NHLML
to consider for the release of the Bid Security amounts for the respective
Projects, in favour of the petitioner.
7. Accordingly, it is directed that the respondent-NHLML shall consider
the release of the bids security amount with due expedition.
8. It is made clear that this order shall not serve as a precedent in any
Signed By:NEHA CHOPRA Signed
Signing Date:28.03.2026 By:PURUSHAINDRA
10:48:17
KUMAR KAURAV
future cases.
9. The undertaking of the petitioner is also placed on record that it will
forego the interest of the said amount.
10. With the aforesaid observations, the instant petitions stand disposed
of.
PURUSHAINDRA KUMAR KAURAV, J
MARCH 23, 2026
Nc
Signed By:NEHA CHOPRA Signed
Signing Date:28.03.2026 By:PURUSHAINDRA
10:48:17
KUMAR KAURAV
