ERA INFRA ENGINEERING LIMITED vs AIRPORT AUTHORITY OF INDIA

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12821/2025 & CM APPL. 52329/2025 ERA INFRA ENGINEERING LIMITED .....Petitioner Through: Mr.Amit Sibal, Sr. Adv. with Mr.Apporv Agarwal, Ms. Priya Singh, Ms.Manvi Jain, Ms.Astha Singh, Mr. Tushar Gadia, Mr.Anuj Maheshwari and Mr. Abhiraj Das, Advs. versus AIRPORT AUTHORITY OF INDIA .....Respondent Through: Mr.R.V. Prabhat, Adv. with Mr. Daksh Pandit, Adv. along with Mr.Avadhesh Yadav, Mr. Gagan Kochar and Mr. Kashish Singhal, Officers from AAI. Ms.Pratima N. Lakra, CGSC with Mr.Shailendra Kumar Mishra and Mr.Anil Kumar, Advs. for R-2/UOI. % Date of Decision: 28.08.2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) 1. An interesting and uncharted issue has arisen in the present writ petition, namely, “whether, while formulating the tender conditions, the tendering authority should not take into account the provisions of the Insolvency and Bankruptcy Code, 2016, under which a company is resurrected as an ongoing concern by a Successful Resolution Applicant (SRA), in order to achieve the objectives underlying the IBC to nurture such companies instead of disqualifying or holding them as ineligible to Signature Not Verified Digitally Signed W.P.(C) 12821/2025 Page 1 of 8 By:VINOD KUMAR Signing Date:29.08.2025 17:07:00 even participate in the tender process.” 2. The factual matrix leading to filing of the present writ petition, in our humble opinion is not germane to the afore-referred question which has been formulated by us, for the reason that the aforesaid question is an essential issue of consideration for the respondents while formulating and drafting Manual for Procurement of Works, 2022 and/or drafting of the conditions of a tender. 3. However, for u