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2016 Supreme(Del) 2306

SANJEEV SACHDEVA
HYUNDAI ROTEM COMPANY – Appellant
Versus
DELHI METRO RAIL CORPORATION – Respondent


Advocates Appeared:
For the Petitioner:Mr. Parag Tripathi, Sr. Adv. with Mr. Arunav Patnaik, Ms. Bhabna Das and Ms. Kirat Randhawa, Advocates.
For the Respondent: Mr. Tarun Johri, Mr. Satish Chandra, GM-Legal with Mr. Puneet Garg, Law Officer for DMRC Ltd.

JUDGMENT :

SANJEEV SACHDEVA, J.

CM No. 24046-24047 of 2016 (Exemption) Allowed, subject to all just exceptions.

W.P. (C) No. 5851 of 2016

1. The petitioner has filed the present petition impugning the order dated 06.07.2016 passed by the respondent blacklisting the petitioner for a period of five years.

2. This is a third order passed by the respondent qua the petitioner for the same conduct. The first two having been set aside by a Division Bench of this court.

3. The petitioner had submitted a bid with the respondent and was successful. The letter of award was issued to the petitioner on 01.04.2013. As per the petitioner, subsequent to the award of contract, a letter was received from the respondent on 05.11.2014 stating that at the time of submission of its bid, the petitioner had not disclosed the debarment order dated 14.12.2011 passed by the Airport Authority of India. The debarment by Airport Authority of India was for a period of 3 years.

4. It is contended that on receipt of the letter dated 05.11.2014, the petitioner carried out an internal inquiry and found that two of the officials, who were handling the Airport Authority of India’s pre qualification bid, received the order of








































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