M/S THEME ENGINEERING SERVICES PVT. LTD. vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 14.11.2025 + W.P.(C) 9069/2025, CM APPL. 38598/2025 M/S THEME ENGINEERING SERVICES PVT. LTD. .....Petitioner Through: Mr. Arvind Nayar (Sr. Advocate) along with Ms. Nandadevi Deka, Mr. Rohan Chandra, Mr. Shashwat Pratyush and Ms. Shubhra Sharma, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Mr. Ankur Mittal, CGSC along with Mr. Abhay Gupta and Mr. Rakshit Ranjan, Advocates. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT FACTUAL MATRIX 1. The present petition has been filed by the petitioner assailing an order dated 11.06.2025 arising out of a Show Cause Notice (SCN) dated 11.09.2024 passed by the respondent, whereby, the petitioner has been debarred and prohibited from participating in future bids for a period of 1 year. The said order also imposed a penalty of Rs. 20 Lakhs upon the petitioner on account of gross negligence in services. 2. The petitioner in the present petition is a consultancy firm engaged in providing independent engineering and supervision services pertaining to infrastructure development viz. highways, bridges, flyovers, rural roadways, railways infra, industrial facilities, public utilities etc. 3. Vide a consultancy agreement dated 31.12.2020, the petitioner was Signature Not Verified W.P.(C) 9069/2025 Page 1 of 28 Digitally Signed By:ABHISHEK THAKUR Signing Date:14.11.2025 07:14:04 awarded the work of “Consultancy Services as Independent Engineer during Operation & Maintenance for four laning of Goa- Karnataka Border to Kundapur Section of NH-66 (formerly NH-17) Km 93.700 to Km. 283.300 in the State of Karnataka on Design Build Operate Transfer basis under NHDP-IV” (hereinafter referred as “the highway project”) by the respondent. It is sub