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2022 Supreme(Del) 27

REKHA PALLI
JMC Projects (India) Ltd. – Appellant
Versus
National Highways Authority Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sandeep Sethi, Sr. Adv. with Mr. Shamik Sanjanwala, Ms.Deepaprabha, Advs.
For the Respondent: Mr. Parag P Tripathi, Sr. Adv. with Ms. Gunjan Sinha Jain, Ms. Aparna Gupta and Mr. Anirudh Dusaj, Advs., Ms.Manisha Agrawal, Narain, Mr.Aditya Singh, Deshwal, Ms.Rakshita Goyal, Advs., Mr.Rishi Agrawala with Ms.Shruti Arora, Advs.

JUDGMENT :

1. The present petition under Article 226 of the Constitution of India assails the communication dated 18.11.2021, issued by the respondent no.1/National Highway Authority of India (hereinafter referred to as ‘NHAI’). Vide the impugned communication the petitioner no.3, namely JMC-AGE Joint Venture, which is a joint venture (JV) of petitioner no.1, and M/s AGE INSAAT VE TICARET ANONIM SIRKETI (hereinafter referred to as ‘AGE INSAAT’), a company incorporated in Turkey, has been informed that security clearance required for award of the contract in its favour by the respondent no.1 has been denied by the Competent Authority i.e., respondent no.2.

2. The petitioner no.1 is a company incorporated in India under the Companies Act, having its registered office at Ahmedabad, Gujarat. The petitioner no.1 is the lead member holding 76% share in the petitioner no.3 JV, while AGE INSAAT is holding the remaining 26% share therein. The petitioner no.2 is a shareholder of the petitioner no.1 company.

3. The respondent no.1/NHAI, an authority under the Ministr

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