NATIONAL HIGHWAYS AUTHORITY OF INDIA vs ATLANTA LIMITED

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 342/2025 NATIONAL HIGHWAYS AUTHORITY OF INDIA...Appellant Through: Ms. Tanu Priya Gupta, Advocate with Ms. Khushi Sharma, Advocate. versus ATLANTA LIMITED ...Respondent Through: Mr. Chirag M. Shroff, AOR with Ms. Mahima Shroff, Advocate. Date of Decision: 21st May, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J : (ORAL) CM APPL. 31183/2025 (Condonation of delay in filing the appeal) 1. Cause shown is sufficient. Accordingly, the application is allowed. Delay of 3 days in filing the appeal is condoned. 2. The application stands disposed of. CAV 199/2025 3. Since the caveators have entered appearance, the caveat stands discharged. LPA 342/2025 & CM APPL. 31181-82/2025 4. Present Letters Patent Appeal has been filed assailing the judgment dated 24.03.2025 passed in the underlying writ petition Signature Not Verified Digitally Signed LPA 342/2025 Page 1 of 9 By:MADHU SARDANA Signing Date:23.05.2025 16:07:13 bearing W.P.(C) 6646/2010 filed by the respondent, whereby the learned Single Judge set aside the appellant/NHAI’s decision to reject the respondent’s bid as non-responsive and also directed the appellant/NHAI to refund Rs.48.50 lakhs (on account of forfeiture of 5% bid security) to the respondent alongwith 6% simple interest. 5. On 29.10.2009, NHAI had invited Request for Qualification (hereafter referred to as ‘RFQ’) for the two-laning with paved shoulder of Dindigul-Theni section km. 2.750 to km. 73.400 of NH-45 (Extn.) and Theni-Kumili section from km. 215.500 to km 273.600 of NH-220 in the state of Tamil Nadu under NHDP Phase III Project. In terms of Clause 1.2.1 (Brief Description of the Bidding Process) of the RFQ, the NHAI adopted a two-stage bidding p