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MINI PUSHKARNA
Consulting Engineers Group Limited – Appellant
Versus
National Highways Authority Of India (nhai) – Respondent
JUDGMENT
Mini Pushkarna, J. - By way of the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter called 'The Act'), petitioner is seeking prayer for staying operation of debarment order dated 02.08.2022 issued by the respondent by which petitioner has been debarred from participating in all the tenders floated by respondent and other executing agencies of Ministry of Road Transport and Highways of India, for a period of three months with levy of penalty of Rs. 20 lakhs. The petitioner further prays for restraining respondent from giving effect to or acting in terms of or in furtherance of the said debarment order, and for restraining respondent from rejecting the bills submitted by petitioner prior to the order dated 02.08.2022 as non responsive.
2. Facts in brief are that, notice inviting tender dated 15.03.2018 was issued by respondent for the project: consultancy services for Authority's Engineer (hereinafter referred to as 'AE') for supervision of construction of 8 Lane Dwarka Expressway from Delhi-Haryana Border to start of rail over bridge, Gurugram, Haryana. As per the tender document, bidders could apply either as a sole firm or by formi
The main legal point established in the judgment is that a joint venture, as a legal entity, has the authority to invoke the dispute resolution clause, and action by only one of the constituents of t....
Misrepresentation of facts at the time of bidding amounted to fraudulent practice, justifying the debarment of the joint venture consortium.
The arbitration agreement binds all parties, including non-signatories, and disputes must be referred to arbitration despite objections on limitation and jurisdiction.
The court upheld the validity of debarment and encashment of Performance Bank Guarantee due to non-performance by the petitioner under the contract, emphasizing adherence to tender conditions.
The main legal point established in the judgment is that a party can invoke arbitration in accordance with the arbitration agreement between the parties, and the voluntary nature of conciliation as a....
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