IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 09, 2025 M/s Patel Infrastructure Limited and another ..... Petitioners Versus Haryana Rail Infrastructure Development Corporation Limited and another ..... Respondents CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present: Mr. Sanjay Kaushal, Senior Advocate with Mr. Kanwal Goyal, Advocate, Ms. Shruti Jain, Advocate and Ms. Sheena Dahiya, Advocate for the petitioners.

Mr. Ankur Mittal, Advocate with Mr. Shivendra Swaroop, Advocate and Ms. Kushaldeep Kaur, Advocate for respondent No. 1.

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LISA GILL, J.

1. Prayer in this writ petition is for directing respondents particularly respondent No. 1 to finalise and award Tender No. HORC/HRIDC/C-5/2023 dated 03.11.2023 and tender ID No. TID:2023_HBC_327530_1 in favour of present most advantageous tenderer i.e. petitioner No. 1 in accordance with terms and conditions of tender in a time bound manner. It is further prayed that respondent No. 1 be restrained from cancelling/annulling or in any manner abandoning the tender process emanating from above said tender or from awarding tender to any other bidder during pendency of this writ petition.

2. Brief facts as pleaded are that petitioner No. 1 is a company incorporated under Companies Act, 1956 and is engaged in business of construction of projects in respect to roads, highways, buildings, bridges and other civil construction. Petitioner No. 2 is a shareholder and Director of petitioner No. 1. Respondent No. 2 i.e. Haryana Orbital Rail Corporation Limited incorporated under Companies Act, 2013 is a Special Purpose Vehicle (SPV) for the purpose of Haryana Orbital Rail Corridor Project (HORC) spanning from Palwal to Sonipat via Sohna, Manesar and Kharkhoda for facilitation of diversion of freight traffic not meant for Delhi region for developing multimodal hubs in National Capital Region of Haryana. Total length of project is approximately 140 kms and 95 kms of the alignment runs parallel to KM expressway.

3. Respondent No. 1 – Haryana Rail Infrastructure Development Corporation Limited is a State joint venture with 51% of share of Haryana Government and 49% share of Ministry of Railways. Respondent No. 1 is the implementing agency for HORC project which is the semi-high speed new (BG) line from Palwal to Sonipat. Asian Infrastructure Investment Bank (AIIB) is the funding Agency of the project in question. Respondent No. 1 being the implementing Agency issued tender dated 03.11.2023 bearing No. HORC/HRIDC/C-5/2023 for the project in question consisting of work of ‘Contract Package C-5’ which was published on E-Procurement Portal of Government of Haryana on 08.11.2023. DNIT was issued for composite contract package in connection with new BG double railway line of HORC project between Prithla and Dhulawat for:

i) Design and construction of Civil Works (Earthwork, Bridges, Stations and Retaining Walls) from km -2.296 to km12.00 &km18.00 to km 20.942;

ii) Design & Construction of viaduct from km 20.942 to km 24.844; iii) Design & Construction of Ballastless track from km 20.842 to km 24.844; and iv) Design, Supply, Installation, Testing & Commissioning of General Electrical Services from km -2.296 to km 12.00 and km

18.00 to km 24.844.

4. Final tender document was issued vide corrigendum No.2 dated 03.01.2024. Ten (10) bidders including petitioner No.1 participated in the tender process. Technical bids were opened on 31.01.2024 and out of ten (10) bidders, nine (9) including the petitioner were found responsive.

5. Financial bids were opened on 08.04.2024 and one M/s Dilip Buildcom Limited emerged as lowest bidder (L-1) and petitioner No. 1 was L-2. Thereafter, Financial Part Evaluation Report prepared by General Consultant alongwith HRIDC, HOD Committee report was submitted to AIIB for No Objection Letter on 01.05.2024. No Objection Letter to tender document was issued by AIIB on 08.05.2024. Acceptance from Haryana Orbital Rail Corporat