Serial No.01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG WA No.3/2026 Reserved on: 04.02.2026 Pronouncement on:19.02.2026 M/s BSCPL Infrastructure Ltd. through Mr. Bollineni Krishnaiah, office at: 8-2-502/1/A, Jivi Towers, Road No.7, Banjara Hills, Hyderabad-500034, Telangana.

..... Appellant Vs.

Public Works Department (Roads) through its Chief Engineer (National Highways), Government of Meghalaya.

..... Respondent Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Hon’ble Mr. Justice W. Diengdoh, Judge Appearance:

For the Appellant : Mr. Jethmalani, Sr.Adv with Mr. S. Chopra, Adv Mr. K. Ch Gautam, Adv Mr. R. Sharma, Adv Mr. T. Tewari, Adv Ms. S. Jethmalani, Adv Ms. G.C. Marboh, Adv For the Respondent : Mr. A. Kumar, Advocate General with Mr. A.H. Kharwanlang, Addl.Sr.GA Mr. A.S. Pandey, GA Mrs. S. Laloo, GA Ms. I. Syiemlieh, GA i) Whether approved for reporting in Yes Law journals etc.:

ii) Whether approved for publication in press: Yes

JUDGMENT

Hon’ble, the Chief Justice:

By the aforesaid appeal, the appellant has impugned the judgment and order dated 17^th December, 2025, passed by the learned Single Judge in Writ Petition (C) No.24 of 2025. By the said judgment and order, the learned Single Judge dismissed the appellant’s petition which sought quashing and setting aside of the order dated 3^rd December, 2024, passed by the respondent, blacklisting/debarring the appellant for five years from participating in any future tender/contract of Public Works Department.

Brief facts:

In September, 2009, the Government of India, through the Ministry of Road Transport and Highways, floated a tender for the ‘2-laning of Nongstoin-Shillong Section of NH 44 and Nongstoin-Rongjeng-Tura Road in the State of Meghalaya under Phase ‘A’ of SARDP-Ne-NH-44E & SR-MG-PWD-2010- 11-172’. Accordingly, on 14^th June, 2010, a Joint Venture agreement was executed between M/s BSCPL and C&C Construction for the purpose of bidding of the aforesaid two specific projects, one in Nagaland and another in Meghalaya. In the said Joint Venture agreement, M/s BSCPL (appellant)

was the lead partner of the said agreement.

2. On 15^th June, 2010, Joint Venture, being BSC C&C JV (hereinafter referred to as ‘JV’, submitted its bid before the respondent.

3. On 31^st January, 2011, a Letter of Acceptance was issued in favour of the JV for the aforesaid 2-laning project. On 21^st February, 2011, the parties entered into an agreement “contract” to execute the work of Ilvo Laning of Shillong-Nongstoin Section of NH 44E and Nongstoin- Rongjeng-Tura Road in the State of Meghalaya for contract price of ₹1303.83 crores. The project was to be completed within 36 months i.e., on or before 7^th March, 2014

4. It is not in dispute that the project could not be completed within the stipulated period and hence, supplementary agreements were entered into between the parties and the timeline was extended. Admittedly, the revised cost estimate was submitted on four occasions and the final extension of time was approved by the respondent till 31^st December, 2017. It appears that the Contract works were completed on 15^th December, 2017 and the completion certificate for the project was issued on 13^th March, 2018

5. In the interregnum, during the aforesaid period i.e., 2017-2018 disputes arose between the parties in terms of the execution of the work under the contract. The appellant-JV sent a notice in terms of Clause 24 of the Contract to the respondent informing of its claims in relation to non-payment of interest on delayed payments, non-payment of cost of extra bitumen used in bituminous works and non-reimbursement of labour cess. Accordingly, on 23^rd April, 2015, the appellant- JV sought appointment of Dispute Review Board-I (hereinafter referred to as DRB-I) in terms of Clause 24 of the Contract.

6. Accordingly, on 1^st June, 2016, DRB-I was constituted for adjudication of the disputes for Claim-I, arising between the parties. In May, 2016, Shri M. Phanbuh, Chief Engineer (National