$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 30.03.2026 + W.P.(C) 9613/2024 and CM APPL.39451/2024 INTERTEK INDIA PRIVATE LIMITED .....Petitioner Through: Mr. Darpan Wadhwa, Sr. Adv. along with Ms. Sarul Jain, Mr. Amer Vaid, Ms. Divita Vyas, Advocates and Mr. Saurabh Malhotra, AR.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Abhishek Goyal and Ms. Megha Anand, Advocates along with Mr. Ashwani Bharti (AGM, BHEL), Mr. Amardeep Srivastava (DGM, BHEL), Mr. Abhishek Arora (Manager, BHEL) and Mr. Amol Aggarwal (Manager, BHEL).

Ms. Shweta Bharti, Ms. Tejaswini Chandrasekhar, Ms. Nikita Sharma and Ms. Nishi Rathore, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

1. The present writ petition has been filed by the Petitioner/Intertek India Pvt. Ltd., under Article 226 of the Constitution of India, assailing the order dated 31.05.2024 (“Impugned Debarment Order”) issued by Respondent No. 2/Bharat Heavy Electricals Limited (“BHEL”), whereby the Petitioner has been debarred from business dealings with all units/regions of BHEL for a period of two years with effect from the date of interim suspension i.e. 02.02.2024.

2. The Petitioner also impugns the subsequent order dated 29.06.2024 (“Impugned Suspension Order”) passed by Respondent No. 3/Government e- Marketplace (“GeM”), whereby the Petitioner’s GeM portal account has been suspended for a period of 365 days (starting from 29.06.2024), effectively disabling the Petitioner from participating in tenders floated by all government entities/ departments/ organisations/ministries through the GeM platform.

3. In the present petition, the Petitioner seeks the following reliefs:

“1) issue an appropriate writ, order or direction in the nature of Mandamus thereby quashing / setting aside the Impugned Debarment Order dated 31.05.2024 for “Debarment of Business Dealings with the Intertek India Pvt. Ltd.” and any other similar direction / stay / action / order passed by Respondent No. 2 against the Petitioner (Annexure P-1); 2) issue an appropriate writ, order or direction in the nature of Mandamus thereby directing the Respondents No. 3 to immediately revoke / set aside / quash the Impugned Suspension Order dated 29.06.2024 thereby allowing the Petitioner to participate in tenders pertaining across all government bodies / departments / organizations /

ministries / states etc. (Annexure P-2);

3) issue an appropriate writ, order or direction in the nature of Mandamus thereby directing the Respondents No. 3 to allow immediate access to the Petitioner to its GeM Portal Account (Annexure P-2);

4) issue an appropriate writ, order or direction in the nature of Mandamus thereby directing the Respondents No. 2 & 3 to not to take any other or further coercive action against Petitioner;

5) to pass such other interim measures or protection as may appear to this Hon’ble Court to be just and convenient, may also be passed in favour of the Petitioner; and

6) to pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

4. The Petitioner is a subsidiary company of Intertek Group Plc., UK, engaged in the business of providing services of total quality insurance, including assurance, testing, inspection and certification (ATIC) services, including third-party inspection services for industrial equipment and materials, to its customers including Government/PSU entities. The Respondent No. 2/ BHEL, is a Government of India undertaking under the Department of Heavy Industry, Ministry of Heavy Industries and Public Enterprises, while the Respondent No. 3/ GeM is a digital e-commerce portal for procurement and selling of goods and services which facilitates online procurement of common use goods and services required by various Government Departments /

Organizations / PSUs.

FACTUAL MATRIX

5. On 27.12.2023, Respondent No. 2/ BHEL floated a tender vide Tender No. NIT No: GEM/2023/B/4397848 for Tender for Rate Contract with Third