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2021 Supreme(Del) 95

D.N.PATEL, JASMEET SINGH
National Highways Authority of India – Appellant
Versus
Theme Engineering Services Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Tushar Mehta, Mr. Dayan Krishnan, Ms. Padma Priya, Mr. A.P. Singh, Mr. Dhruv Nayar, Mr. Sukrit Seth.
For the Respondents: Mr. Amit Sibal, Ms. Nanda Devi Deka, Mr. Sudhir Yadav, Mr. Suryajyoti Singh Paul, Mr. Savyasachi Rawat.

JUDGMENT :

JASMEET SINGH, J.

LPA No. 56/2021 and CM APPL. No. 12166/2021 (STAY)

1. The present Letters Patent Appeal has been filed by the appellant (Original respondent in the writ petition W.P. (C) No. 1173/2021) being aggrieved by the order dated 01.02.2021 passed in W.P. (C) No. 1173/2021 titled as Theme Engineering Services Pvt. Ltd. and Another vs. National Highways Authority of India and Others.

2. By virtue of the impugned order, the learned Single Judge was pleased to stay prospectively the order of debarment dated 12.01.2021.

3. The learned Senior Counsel appearing for the appellant has contended that the learned Single Judge has gone purely on the premise that the order of debarment has been passed under Clause 3.7 (ix)(b) section 2 of Appendix ‘L’ as the information given by two key personnel in their CVs were found to be fake.

4. The learned senior counsel for the appellant has stated that a bare perusal of Annexure-VI would show that the incorrect information in CVs was not the only ground but there were other grounds which were set out in Annexure-VI. The learned senior counsel argued for the appellant that the Review Committee after due consideration of the representation

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