High Court of DelhiW.P.(C)/13066/2023

M/S Lall Construction India Limited v. Union Of India &ORS

2026-03-30Hon'Ble Mr. Justice Purushaindra Kumar Kaurav4 pages

$~ 21 to 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13066/2023, CM APPL.

51591/2023, CM APPL.

13696/2024, CM APPL. 38824/2024, CM APPL. 38825/2024 & CM APPL. 70228/2025 M/S LALL CONSTRUCTION INDIA LIMITED .....Petitioner Through:

Mr. Neeraj Malhotra, Sr. Adv. with Mr. Jeevesh Mehta, Mr. Nihit Dalmia, Mr. Nimish Gupta and Ms. Bhavya Bathla, Advs.

versus UNION OF INDIA & ORS .....Respondents Through:

Mr. Ruchir Mishrra, Mr. Sanjiv Kr Saxena, Mr. Mukesh Kr Tiwari, Ms.

Reba Jena Mishra and Ms. Poonam Shukla, Advs.

+ W.P.(C) 13067/2023, CM APPL.

51593/2023, CM APPL.

38817/2024, CM APPL. 38818/2024, CM APPL. 38830/2024 & CM APPL. 70226/2025 M/S LALL CONSTRUCTION INDIA LIMITED .....Petitioner Through:

Mr. Neeraj Malhotra, Sr. Adv. with Mr. Jeevesh Mehta, Mr. Nihit Dalmia, Mr. Nimish Gupta and Ms. Bhavya Bathla, Advs.

versus UNION OF INDIA & ORS .....Respondents Through:

Mr. Ruchir Mishrra, Mr. Sanjiv Kr Saxena, Mr. Mukesh Kr Tiwari, Ms.

Reba Jena Mishra and Ms. Poonam Shukla, Advs.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

+ W.P.(C) 13587/2023, CM APPL.

53627/2023, CM APPL.

38822/2024, CM APPL. 38823/2024, CM APPL. 38828/2024 & CM APPL. 70223/2025 M/S LALL CONSTRUCTION INDIA LIMITED .....Petitioner Through:

Mr. Neeraj Malhotra, Sr. Adv. with Mr. Jeevesh Mehta, Mr. Nihit Dalmia, Mr. Nimish Gupta and Ms. Bhavya Bathla, Advs.

versus UNION OF INDIA AND ORS.

.....Respondents Through:

Mr. Ruchir Mishrra, Mr. Sanjiv Kr Saxena, Mr. Mukesh Kr Tiwari, Ms.

Reba Jena Mishra and Ms. Poonam Shukla, Advs.

+ W.P.(C) 13801/2023, CM APPL.

54590/2023, CM APPL.

13688/2024, CM APPL. 38811/2024, CM APPL. 38812/2024 & CM APPL. 70235/2025 M/S LALL CONSTRUCTION INDIA LIMITED .....Petitioner Through:

Mr. Neeraj Malhotra, Sr. Adv. with Mr. Jeevesh Mehta, Mr. Nihit Dalmia, Mr. Nimish Gupta and Ms. Bhavya Bathla, Advs.

versus UNION OF INDIA AND OTHERS .....Respondents Through:

Mr. Ruchir Mishrra, Mr. Sanjiv Kr Saxena, Mr. Mukesh Kr Tiwari, Ms.

Reba Jena Mishra and Ms. Poonam Shukla, Advs.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 30.03.2026 1.

The challenge is continued to the decision of forfeiture of the earnest money deposited by the petitioner. It is pointed out by Mr. Neeraj Malhotra, learned senior counsel that vide the impugned communication through email, it has been decided to initiate action for forfeiture of Earnest Money Deposit (EMD) and banning of the business of the petitioners. 2.

It is pointed out by learned counsel for the respondent that the banning of business order has now been lifted. To that extent, the relief stands satisfied.

With respect to forfeiture of EMD, there does not seem to be any show cause notice. The reasons for forfeiture of EMD have also not been adequately assigned in the impugned communication. The impugned communication is one-line decisions taken by the respondents. The same would not be justified in law.

In view thereof, the Court deems it appropriate to set aside the decision of forfeiture of the EMD. However, liberty is granted to the respondent to issue the show cause notice to the petitioner and upon affording opportunity of hearing to the petitioner, to take the appropriate decision in accordance of law.

If the grievance of the petitioner is not fully mitigated, thereafter, it shall be at liberty to take appropriate recourse in accordance with law. 6.

Let the show cause notice be issued within thirty (30) days from the date of receipt of a copy of this order. The final decision be taken within The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

four months, thereafter.

With the aforesaid observations, the instant petitions, along with all pending applications, stand disposed of.

All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J MARCH 30, 2026/Sh/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.