M/S Gvr Infra Projects Limited & ANR. v. Union Of India & ANR.

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12332/2025 M/S GVR INFRA PROJECTS LIMITED & ANR. .....Petitioners Through:

Mr. Avi Singh, Sr. Advocate along with Mr. Shreyas Dharmadhikari and Ms.

Nishtha Kaura Monga, Advocates.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Ankur Mittal, CGSC along with Mr. Aviraj Pandey and Mr. Atul, Advocates for UOI.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 14.08.2025

O R D E R

CM APPL. 50254/2025 (Exemption from filing certified/ true - typed copies of dim annx.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 12332/2025 & CM APPL. 50253/2025 (Stay) 3.

The present petition, inter alia, assails the notice dated 01.08.2025 issued by the respondents through the concerned authority, viz., the Chief Engineer, National Highway Zone, PWD, Raipur (CG). 4.

The said notice has been issued pursuant to a contract dated 13.04.2016 between the parties for survey, investigation, design, engineering, procurement, construction, and maintenance of NH-78 (New NH-43) from KM 468+600 to KM 531+250 (Patthalgaon -Kunkuri Section) 5.

The caption of the notice reveals that the same purports to be "Intention to Termination Notice as per Article 23.1 of EPC Agreement on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

failure in achievement of Commitment". The notice, inter alia, states as under:- 6.

A reply to the said show cause notice was submitted by the petitioners on 11.08.2025.

7.

It is the case of the petitioners that their reply brings out that the purported action sought to be taken against the petitioners is factually and contractually unjustified and untenable.

8.

Concededly, the show cause notice remains to be adjudicated by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

concerned Chief Engineer who issued the same. 9.

During the course of the hearing, the limited grievance canvassed by the learned senior counsel for the petitioners is that there is a genuine apprehension that the Chief Engineer, instead of independently deciding whether any further action is warranted pursuant to the said show cause notice in light of the reply submitted by the petitioners, may act on the dictates of other officer/s.

10.

This apprehension is articulated on the basis of the communication dated 11.08.2025, addressed by Mr. Ramveer Yadav, Executive Engineer (for Regional Officer, MoRTH, Raipur), to the same Chief Engineer who issued the said show cause notice. The said communication reads as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

During the course of hearing, it is the common case of the respective counsel that the concerned authority which issued the show cause notice is required to decide the same independently, by applying his own mind, after considering the reply furnished on behalf of the petitioners. 12.

In the circumstances, it is clarified that the Chief Engineer shall independently decide the matter without being in any way influenced by the communication dated 11.08.2025 addressed by the Executive Engineer, as reproduced above.

13.

With the aforesaid limited clarification, the present petition is disposed of.

14.

It is made clear that this order shall not be construed as an expression of opinion of this Court on the merits or demerits of the action proposed to be taken against the petitioners.

15.

All rights and remedies of the parties are reserved. SACHIN DATTA, J AUGUST 14, 2025/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.