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SANGEETA CHANDRA, BRIJ RAJ SINGH
Theme Engg. Services Pvt. Ltd. Assn. With M/S Ishita Info Sol. Thru. Their Auth. Rep. Sumeet Asthana – Appellant
Versus
National Highway Authority Of India Thru. Chiarman – Respondent
JUDGMENT :
1. We have heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Anshuman Singh and Ms. Geetika Yadav, Advocates, for the petitioners and Sri Sanjay Bhasin, learned Senior Advocate, assisted by Sri Sarvesh Kumar Dubey, learned counsel for the respondents.
2. This Writ Petition, namely, Writ-C No. 8606 of 2024 has been filed by the petitioner arraying the National Highways Authority of India through its Chairman as the respondent No.1, and the Regional Officer, National Highways Authority of India, as the respondent no.2. The petitioner has challenged its debarment order dated 26.09.2024 and prayed for a mandamus to be issued to the respondents not to treat the petitioner as debarred from participating in future tenders and to allow it to participate in forthcoming tenders ignoring the impugned order dated 26.09.2024.
3. The brief facts of the case as disclosed in the writ petition and as argued by learned counsel for the petitioners are:-
A Notice Inviting e-Tender for commissioning of an Independent Engineering Service to supervise the operation and maintenance of 100.840 kms of six lanning of NH-24 from Hapur Bypass to Moradabad Section was uploaded on the we
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.
The necessity of a specific show cause notice for blacklisting and the requirement to state the proposed action.
No order of debarment can be made against a party without first issuing a specific show cause notice, ensuring compliance with the principles of natural justice.
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 Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
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