Serial No. 01

Supplementary List

HIGH COURT OF MEGHALAYA

AT SHILLONG

WP(C) No. 24 of 2025

Date of Decision :17.12.2025

M/s BSC-C & C JV

Through Mr. D. Srinivasa Rao,

Deputy General Manager (Contracts),

Office at: Plot No. 30, Institutional Area,

Sector-32 Gurugram, Haryana-122001

… Petitioner(s)

Versus

Public Works Department (Roads) through

Its Chief Engineer (National Highways)

Government of Meghalaya … Respondent(s)

Coram:

Hon’ble Mr. Justice H.S. Thangkhiew, Judge.

_____________________________________________________________

Appearance:

For the Petitioner(s) : Mr. S. Muralidhar. Sr. Adv. with Mr. R. Prakash, Adv.

Mr. A. Raghuvanshi, Adv.

Ms. S. Gangar, Adv.

Mr. M.A Karthik, Adv. Ms. G.C. Marboh, Adv.

For the Respondent(s) : Mr. A. Kumar, AG with Mr. A.S. Pandey, Adv.

Mrs. N.G. Shylla, Sr. GA Mr. A.H. Kharwanlang, Add. Sr. GA Ms. S. Laloo, GA i) Whether approved for reporting in Yes/No Law journals etc:

ii) Whether approved for publication Yes/No in press:

JUDGMENT AND ORDER

1. By the instant writ petition the petitioner a joint venture concern is assailing the order dated 03.12.2024 passed by the respondents, whereby the petitioner has been blacklisted/debarred for 5(five) years from participating in any future tender/contract of Public Works Department.

2. The brief facts are that the tender and contract referred to in the impugned order of blacklisting, relates to a work of ‘Two (2) Laning of Shillong-Nongstoin Section of NH-44E and Nongstoin-Rongjeng-Tura Road under Phase-A of SARDP-Ne-NH-44E & SR-MG-PWD-2010-11-172’, in the State of Meghalaya, which was awarded to the petitioner, at a bid amount of Rs. 1303.83 Crores, with the date of completion of the contract set at 07.03.2014. During the course of execution, the original contract price went into several revisions mostly on account of the additional works, which were added and due to price adjustments. Due to several factors, the work was not completed by the stipulated completion date but was prolonged further for a period of 6(six) years and was finally completed in December, 2017. Disputes thereafter, between the parties arose in the year 2017 and 2018, on certain claims, which as per the terms of the contract were put before a duly constituted Dispute Resolution Board (DRB), but as the respondent failed to make payment of interest awarded by the DRB, notice was sent by the petitioner with regard to the intention to invoke arbitration on the unpaid claims.

3. However, before the arbitration proceedings were concluded, the respondent filed a complaint for registration of an FIR on the allegations, that the petitioner had indulged in fabrication of records and adopted corrupt means to cause huge loss to the public exchequer. The case was then accordingly registered and a show cause notice of blacklisting was also issued to the petitioner, which was also annexed by the respondent as an annexure to a Section 16 application, filed before the Arbitral Tribunal. The Arbitral Tribunal then passed its award with the majority of 2:1, allowing Claim-I of the petitioner and rejecting the entire Claim-II of the petitioner. The petitioner then received the impugned notice of blacklisting, debarring it for 5(five)

years on the allegations of bribery and corruption. Hence, the writ petition.

4. Mr. S. Muralidhar, learned Senior counsel assisted by Mr. R. Prakash, learned counsel for the petitioner has submitted that the petitioner was awarded the contract on 21.02.2011, and while the project encountered certain delays, which were beyond the petitioner’s control, the work was successfully completed on 15.12.2017. The project completion certificate he submits, was issued by the respondent on 13.03.2018 and that, during the execution period there were no complaints or allegations against the petitioners regarding the quality, workmanship or progress of work. In the course of the contract it is submitted, the contract price increased which was subject to adjustment on the increase or decrease in the rates and pr