M/S SIMPLEX INFRASTRUCTURES LTD vs NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13th October, 2025 CS(COMM) 16/2016 M/S SIMPLEX INFRASTRUCTURES LTD .....Plaintiff Through: Mr. Aayush Agarwala and Mr. Saurav Dutta, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Defendant Through: Mr. A.P. Singh, Ms. Shrinkhla Tiwari and Ms. Varnit Vashistha, Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. 1. This suit is instituted by the Plaintiff for a declaration that Defendant/National Highways Authority of India (‘NHAI’) has not suffered any damages beyond the pre-Bid processing charges of Rs. 77,000/- given by the Plaintiff at the time of submitting pre-Bid documents and is not entitled to forfeit the Bid security amount of Rs. 8.14 crores. Plaintiff also seeks recovery of sum of Rs. 10,36,34,027/- with pendete lite and future interest @ 12% per annum. 2. To the extent relevant, the facts are that NHAI invited Bids for 4-Laning of Koilwar to Bhojpur from Km 137.375 of NH-30 to Km 27.370 of NH-84 in Bihar under NHDP Phase-III on EPC mode. NHAI adopted a single stage two-tier system for selection of the bidder. Eligibility and 2.1 of Request for Proposal (‘RFP’) that bidde