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IN THE HIGH COURT OF SIKKIM
MEENAKSHI MADAN RAI
Satra Services and Solutions Pvt. Ltd. – Appellant
Versus
National Highways And Infrastructure Development co. Ltd. (NHIDCL) – Respondent
ORDER :
MEENAKSHI MADAN RAI, J.
1. Heard Learned Counsel for the Petitioner.
2. The Petitioner is aggrieved by the Debarment Notice, dated 30-09-2025, issued by the National Highways & Infrastructure Development Corporation Limited (NHIDCL), Respondent No.1. Vide the said Notice, the Joint Venture (JV) comprising of M/s. Altinok Consulting Engineering Inc. (Respondent No.3) with M/s. Satra Infrastructure Management Services Pvt. Ltd. (Petitioner) in association with MaRS Planning and Engineering Services Pvt. Ltd. (Respondent No.4), are debarred from participating in the pre-qualification for bidding for all future Projects to be undertaken by NHIDCL/National Highways Authority of India, (NHAI)/Ministry of Road Transport and Highways (MoRTH), for a period of two years.
3. Learned Counsel submits that the JV had entered into a contract on 14-05-2020, with the NHIDCL in terms of which they were to provide consultancy service as Authority’s Engineer for (i) construction/upgradation of existing road to 2-lane with paved shoulder including geometric improvement from Ranipool to Pakyong from km. 0.000 to km. 16.167 of NH-717-A; and (ii) construction of 48m Bridge over Chuba Khola from km. 75
Participating entities in a joint venture are entitled to individual service of show-cause notices in debarment proceedings. Failure to serve all parties effectively denies them the opportunity to be....
The High Court's jurisdiction to entertain a writ petition is contingent upon the authority's location within its territorial limits, not the residence of the aggrieved party.
The contractor is not wholly liable for personnel misrepresentations in CVs when discrepancies are disclosed voluntarily, necessitating fair treatment in debarment actions.
The central legal point established in the judgment is that MoRTH is the 'Principal' as per the Integrity Pact and under Rule 151 GFR, debarment can be resorted to, provided that the Petitioners are ....
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
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