THEME ENGINEERING SERVICES PVT. LTD.  Vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

LPA 404/2020 Page 1 of 2
$~18.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on : 13th January, 2021
+ LPA 404/2020 & CM APPLs.35045 -46/2020
THEME ENGINEERING SERVICES PVT. LTD. ….. Appellant
Through: Mr.Amit S ibal , Sr. Advocate with
Ms.Nandadevi Deka, Mr.Vinay Tripathy,
Mr.Sudhir Yadav, Mr.Savyasachi Rawat ,
Advocates.
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA ….. Respondent
Through: Mr.Sudhir Nandrajog, Sr. Advocate
with Ms.Padma Priya & Mr.Dhruv Nayar,
Advocates.
CORAM:
HON’BLE THE CHIEF JUSTI CE
HON’BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 13.01.2021
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. J USTICE J YOTI SINGH
JUDGMENT
:
1. The original petitioner in W.P.(C) No.11167/2020 has filed this
appeal being aggrieved and dissatisfied with the order dated 24th December,
2020, passed by the learned Single Judge. D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
2. Learned counsel for the appellant submit s that in the said writ
petition, an order dated 17th December, 2020 was under challenge whereby
2021:DHC:147-DB
LPA 404/2020 Page 2 of 2
the present appellant (Original Petitioner) was debarred from bidding for the
tenders advertised by NHAI, for a period of two years. It is submitted that
the said order has now been revised and a fresh order has been issued by the
respondent on 12th January, 2021, which has been served upon the Appellant
today morning. By virtue of the revised order the period of debar ment of the
appellant has been reduced from two years to six months. It is thus
submitted by the learned Senior Counsel appearing for the appellant that
suffice would it be if the appeal is disposed of granting liberty to the
appellant to challenge the revised order dated 12th January, 2021 along with
the earlier order dated 17th Decem ber, 2020 and to raise, inter alia, all the
contentions raised in this appeal.
3. Having heard the learned Senior C ounsel s for the parties and looking
to the facts and circumstances of the case, th e present appeal is disposed of
granting liberty to the appell ant to challenge the revised order dated 12th
January, 2021 along with the earlier order dated 17th December, 2020 in
accordance with law, rules, regulations and Government policies applicable to the facts of the case. It is open to the appellant to raise , inter alia, all
grounds and contentions available to it while challenging the said order ,
including those raised in the present appeal .
4. All the pending applications stand disposed of.

CHIEF JUSTICE

J YOTI SINGH, J
J ANUARY 13, 2021 /‘anb’

2021:DHC:147-DB