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2025 Supreme(Del) 546

IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, TUSHAR RAO GEDELA
TPF Engineering Pvt Ltd – Appellant
Versus
National Highways Authority Of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sandeep Sethi, Sr. Advocate with Mr. Malak Bhatt, Mr. Nikunt Rawal, Ms. Neeha Nagpal, Mr. Shreyansh Chopra and Ms. Riya Kumar, Advocates Mr. Dayan Krishnan, Sr. Advocate with Mr. Malak Bhatt, Mr. Nikunt
Rawal, Ms. Neeha Nagpal, Mr. Shreyansh Chopra and Mr. Sukrit Seth, Advocates in
Mr. Darpan Wadhwa, Sr. Adv. with Mr. Malak Bhatt, Mr. Nikunt Rawal, Ms. Neeha Nagpal and Mr. Shreyansh Chopra, Ms. Divita Vyas, Advocates Mr. Malak Bhatt, Mr. Nikunt Rawal, Ms. Neeha Nagpal and Mr. Shreyansh Chopra, Advocates
For the Respondent:Mr. Santosh Kumar, Standing Counsel with Mr. Kartik Gupta, Ms. Nidhi Rani, Mr. Vaibhav Mishra, Mr. Adithya Ramani and Mr. Devansh Malhotra, Advocates R-1/NHAI in all matters. Mr. Premtosh K. Mishra, CGSC with Mr. Manish Vashist and Mr. Sajal, Mr. Chetan Sharma, ASG and Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Shahi, Ms. Yogya Bhatia, Mr. Amit Gupta and Mr. Varun Pratap Singh, Advocates

JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

1. Heard the learned counsel for the respective parties and perused the records available before us on these writ petitions. Since the subject matter of these writ petitions are intertwined, they were heard together and are being decided by the common judgment which follows:

2. The petitioner M/s. TPF Engineering Pvt Ltd. in all these writ petitions is the same, which for the sake of convenience, shall be referred hereinafter as the petitioner. The petitioner is a registered company primarily engaged in the business of construction of roads and bridges, and admittedly, it has been and is a part of a global conglomerate, namely, M/s TPF SA.

SUBJECT MATTER AND CHALLENGE IN EACH WRIT PETITION 

W.P.(C.) No. 813/ 2025

3. In August 2023, the respondent No.1/ National Highways Authority of India (hereinafter referred to as "NHAI’) issued a Request for Proposal (hereinafter referred to as "RFP’) for providing Consultancy Services for Authority Engineer for Rehabilitation and Upgradation to Four Lanning of NH-31D from Km./Ch. 83+340 to Km./Ch.113+200 (Package-II B) of Dhupguri to Falakata Section in the State of West Bengal on EPC Mode. The said RFP, whic

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