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2021 Supreme(Del) 960

REKHA PALLI
Raj Corporation Ltd. – Appellant
Versus
National Highway Authority Of India – Respondent


Advocates appeared:
Mr. Amit Sibal, Sr.Adv. with Mr.Vishal Yadav, Mr. Abhishek Diwedi. Advs, for the Petitioner; Mr. Saurabh Banerjee, Advocate, for the Respondent

JUDGMENT

Rekha Palli, J. - The present petition has been preferred under Article 226 of the Constitution of India seeking setting aside and quashing of Show Cause Notice dated 22.10.2020 and the consequential order dated 27.11.2020 passed by the respondent no. 1 debarring the petitioner from participating in any future projects to be floated by the respondent no. 1 for a period of two years.

2. The petitioner is a construction company providing infrastructure development services and claims to have successfully undertaken several construction contracts for various state governments and public sector undertakings. The respondent no. 1/National Highways Authority of India (hereinafter, “NHAI”), an authority established under the National

Highways Authority of India Act, 1988, is responsible for the construction of various highways across India. Even though the General Manager (T) of respondent no.1 has been arrayed as respondent no.2, no relief is sought against the said respondent and therefore, reference to the respondent hereinafter will be read only qua respondent no.1.

3. Upon the respondent issuing a Request For Proposal (hereinafter referred to as “RFP”) inviting bids for the c

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