PNC INFRATECH LIMITED vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 28.10.2025 + W.P.(C) 4083/2023 and CM APPL.15889/2023 PNC INFRATECH LIMITED .....Petitioner Through: Mr. Sandeep Sethi, Sr. Adv., Mr. Arvind Nayyar, Sr. Adv. and Mr. Nilava Bandyapathyay, Mr. Adhi P. Roy and Ms. Riya Kumar, Advs. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through: Ms. Madhu Sweta and Mr. Yash Kapoor, Advs. for NHAI. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition has been filed by the petitioner / PNC Infratech Limited, seeking quashing of the impugned letter dated 27.03.2023 issued by the respondent/ National Highways Authority of India (“NHAI”), whereby the respondent threatened invocation of the petitioner’s Bid Security furnished in the form of Bank Guarantee No. 09830ILG009122, amounting to Rs.7.14 Crore, submitted in connection with the tender process. The petitioner further seeks a direction for return of the said Bid Security. 2. The factual matrix set forth by the petitioner is that pursuant to the Request for Proposal (“RFP”) dated 15.07.2022, issued by the respondent W.P.(C) 4083/2023 Page 1 of 8 Signature Not Verified Digitally Signed By:CHINU LUTHRA Signing Date:28.10.2025 18:41:51 for the development, operation and maintenance of the “4-Laning of Bhiwani - Hansi road section of NH 148B (Design Length 42.934 km) under Bharatmala Pariyojana in the State of Haryana,” the petitioner submitted its bid and Bid Security in the form of a Bank Guarantee bearing No. 09830ILG009122. 3. Upon opening the financial bids on 22.12.2022, a discrepancy was noted in the petitioner’s bid between the amount quoted in figures (Rs.1035 Crore) and in words (“One Hundred Thirty Five Crore”). On the same date, the petitioner issued a clarification to th