M/S Highway Engineering Consultant v. National Highways Authority Of India & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 501/2025 M/S HIGHWAY ENGINEERING CONSULTANT .....Appellant Through:

Mr. Vikas Singh, Senior Advocate with Ms. Nandadevi Deka, Mr. Rohan Thawani, Mr. Arunabha Ganguli, Mr.

Rohan Chandra, Mr.

Shashwat Pratyush and Ms. Shubhra Chandu Sharma, Advocates.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR.

.....Respondents Through:

Mr. Santosh Kumar, Standing Counsel with Ms. Nidhi Rani, Advocates for NHAI.

Ms. Arunima Dwivedi, CGSC with Mr. Sainyam Bhardwaj, Ms. Himanshi Singh, Ms.

Monalisha Pradhan, Advocates and Ms. Pinki Pawar, GP for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 06.08.2025 CM APPL. 47885/2025 & CM APPL. 47886/2025 (Exemption) 1.

Exemption allowed subject to all just exception. 2.

The applications stand disposed of.

LPA 501/2025 & CM APPL. 47884/2025 (Stay) 3.

Heard the learned counsel for the parties.

4.

It has been contended by learned Senior Counsel representing the appellant that the interim prayer Clause (C) contained in the application seeking interim relief, which was filed by the appellant in the proceedings of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:28:29

the writ petition pending before learned Single Judge, has not been considered which seriously prejudices the appellant's cause inasmuch as that Clause 5 read with Clause 9 of the circular dated 07.10.2021 clearly provides that, "Non-performer/debarment status of a bidder on the bid due date will be the criteria for eligibility of a bidder to participate in the said bid" and, accordingly, the bids submitted by a party prior to the date of passing of order of non-performer/debarment will not be affected. 5.

Our attention has been drawn by learned counsel representing the respondent to paragraphs 38 and 39 of the order dated 07.07.2025 passed by learned Single Judge and it has been submitted that the said prayer stands considered by the observations made by learned Single Judge in the said order.

6.

If we peruse paragraphs 38 and 39 of the said order, what we find is though an opinion has been expressed by learned Single Judge about the contentions raised by the appellant, however consideration of the interim prayer (C) is not there.

7.

At this juncture, learned counsel appearing for the appellant prays that he may be permitted to withdraw this appeal with the liberty to file miscellaneous application for redressal of his grievances before the learned Single Judge.

8.

In view of the aforesaid, the Letters Patent Appeal is hereby dismissed as withdrawn with the liberty as prayed for.

DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J AUGUST 6, 2025/yrj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2025 at 12:28:29