JUDGMENT :

Prathiba M. Singh, J.

I.A. Nos. 5576/19, 10680/19 and 6834/19

Brief Facts

1. The present case demonstrates the difficulties plaguing construction contracts involving the development of infrastructure projects.

2. The Ministry of Road Transport and Highways (hereinafter, "MORTH") is concerned with the promotion, building, maintenance and upgradation of national highways and strategic roads, including interconnecting roads in various parts of the country which share international boundaries with neighbouring countries.

3. Morth had entrusted to the Border Roads Organization (hereinafter, "BRO") the existing road from Km 69 to Km 81.3 on the Srinagar-Gumri road section of National Highway-1 in the State of Jammu and Kashmir and construction of a Z-Morh Tunnel including its approaches (approximately 6.5 km tunnel and 6 km approaches) (hereinafter, "Project"). The BRO was required to augment the said road by two-laning the same.

4. On 16th April, 2012, the BRO, through a Request for Qualification, invited bidders to submit their bids. One M/s Soma Enterprise Private Limited (her