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2017 Supreme(Del) 2689

VIBHU BAKHRU
L. N. Malviya Infra Projects Pvt. Ltd. – Appellant
Versus
National Highways Authority of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vikas Singh, Ms. Nandadevi Deka, Mr. Kapish Seth
For the Respondents: Ms. Gunjan Sinha Jain, Mr. Mukesh Kumar, Ms. Mani Gupta, Mr. Rajat Kumar, Ms. Aishwarya Nabh

JUDGMENT :

Vibhu Bakhru, J.

Introduction

1. The petitioner (hereafter “Malviya”) has filed the present petition inter alia assailing an order dated 28.03.2017 (hereafter “the impugned order”) passed by respondent no.1 (hereafter “NHAI”) debarring Malviya and M.C. Consulting Engineers Pvt. Ltd. (hereafter “MCC”) for three years from directly or indirectly participating in any work with NHAI. The impugned order was based on the recommendations of a three member committee of CGMs of NHAI (hereafter “the Committee”), submitted on 14.03.2017.

2. The Committee had also considered the issue of imposing punitive measures on Technocrats Advisory Services Pvt. Ltd. (hereafter “TASPL”) and the Committee had unanimously recommended that a warning letter be issued to TASPL. However, no punition has been imposed on TASPL by the impugned order.

3. The controversy in the present petition stems from the certificates of experience submitted by Malviya, MCC and TASPL with regard to rendering services of an Independent Engineer (hereafter “IE Services”) to Madhya Pradesh Road Development Corporation Ltd. (hereafter “MPRDC”) in respect of four laning of Rewa-MP/UP Border (NH-7) Road Project (hereafter refer




















































































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