The Single Bench of the Delhi High Court in the case of Dilip Buildcon Limited vs National Highways Authority of India & Anr. consisting of Justice Yashwant Varma stayed the debarment of Dilip Buildcon Limited.
Facts
The petitioner herein, Dilip Buildcon Limited (DBL), is a large and fast-growing road company headquartered in India. This petition was filed challenging the impugned order which led to debarment of DBL.
Observations by the Court
The Bench noted that pursuant to the show cause notice which was issued by National Highways Authority of India (NHAI) and to which the petitioner submitted a reply, hearing was granted by that authority.
It opined that it could not sustain the impugned order since the respondents therein were not given a chance to be heard when the ultimate order came to be passed by Ministry of Road Transport and Highways of India (MoRTH).
Further, the Court considered the fact that while the Integrity Pact was executed on 17th May 2021, the First Information Report (FIR) came to be registered subsequently on 30th December 2022. Hence, this matter required consideration.
Order
The Bench concluded that till the next date of listing, there shall be stay of the impugned order dated 20th August 2022 passed by respondent No. 2. This case was to be listed again on 24.04.2023.
Case: Dilip Buildcon Limited vs National Highways Authority of India & Anr.
Citation: W.P.(C) 15460/2022, CM APPL. 48098/2022
Bench: Justice Yashwant Varma
Decided on: 14th November 2022
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