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2022 Supreme(Del) 2189

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
GKC Projects Limited – Appellant
Versus
National Highways Authority Of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. Arun Kathpalia, Sr. Advocate with Mr. Milanka Chaudhary, Ms. Ashly Cherian, Ms. Swet Shika and Mr. Kauser, Advocates.
For the Respondent:Mr. Jayant K. Mehta, Sr. Advocate with Ms. Madhu Sweta, Ms. Raveena Dewan and Mr. Raghav Bhatia, Advocates.

JUDGMENT :

Subramonium Prasad, J.

1. Aggrieved by the rejection of its bid with respect to a Request for Proposal ("RFP") issued by the Respondent for Development of a Six-Lane Access Controlled Highway from Ranipur Barsi (Saharanpur District) to Adhoya Musalmana (Ambala District) (From Ch. 45+500 To 84+400) of Shamli – Ambala Section of Bareilly – Ludhiana Economic Corridor on EPC Mode under Bharatmala Pariyojana Phase-I in the State of Haryana (Package-2) (hereinafter referred to as "Project") by communications dated 22.07.2022 and 28.07.2022, the Petitioner has filed the instant petition challenging the said communications.

2. The facts, in brief, leading to the instant petition are as under:

    a) The Petitioner is an unlisted public limited company incorporated under the Companies Act, 1956 and is engaged in the business of infrastructure development and execution of Engineering, Procurement Construction and Commissioning (EPCC) and Lumpsum Turnkey (LSK) facilities in various infrastructure projects in the country.

b) The Respondent had invited a Request for Proposal (RFP) for the

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