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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
BGR Mining and Infra Limited – Appellant
Versus
NTPC Limited – Respondent
| Table of Content |
|---|
| 1. delay in appeals and arbitration process (Para 1 , 2 , 3) |
| 2. delay explanation insufficient for condonation (Para 4 , 5) |
| 3. grounds for filing review petitions (Para 8 , 9) |
| 4. judicial review and decision validity (Para 12 , 13) |
| 5. arguments regarding the cbi fir and its implications (Para 17 , 18 , 20 , 21) |
| 6. non-interference with judicial conclusions on appeal (Para 23 , 25 , 29 , 30 , 32) |
| 7. disposal of appeals and pending applications (Para 33) |
JUDGMENT
Subramonium Prasad, J.
CM APPL.16710/2022 in LPA 237/2022
CM APPL.16951/2022 in LPA 242/2022
1. CM APPL.16710/2022 and CM APPL.16951/2022 have been filed on behalf of the Appellants seeking condonation of delay in preferring the LPA 237/2022 and LPA 242/2022 respectively against the Impugned Common Judgment dated 08.01.2020, passed by the Ld. Single Judge in W.P.(C) 12068/2019 and W.P.(C)12077/2019. The instant appeals bearing LPA 237/2022 and LPA 242/2022 have been filed on 31.03.2022 and 01.04.2022 respectively.
2. The material on record reveals that prior to the dismissal of the Writ Petitions bearing W.P.(C) 12077/2019 and W.P.(C) 12068/2019 by the Ld. Single Judge vide Judgment dated 08.01.2020, the Adjudic
The court upheld the banning of appellants from business dealings due to serious allegations, emphasizing the limited scope of judicial review in administrative actions.
Mandatory consideration of both gravity of the offense and actual loss suffered is required for imposing maximum penalties in administrative debarment.
Point of Law : when a bidder who has not been issued the final acceptance of the bid by the competent authority being the highest bidder acquires no vested right ,but the bidder has right to equality....
Delay in filing an appeal under the IBC cannot be excused based on lack of knowledge regarding the proceedings; Limitation must be strictly construed.
Inconsistent findings across arbitral awards do not provide grounds for setting aside an award under Section 34 of the Arbitration & Conciliation Act, 1996.
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