M/S Bgr Mining and Infra Limited v. Ntpc Limited and Anr

NAVIN CHAWLA, J JANUARY 08, 2020 RN

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18.11.2019 Date of Decision: 08.01.2020 + W.P.(C) 12068/2019 & CMs 49433-34-35/2019 NCC-BGR CONSORTIUM AND ANR. ..... Petitioners Through: Mr.Dayan Krishnan, Sr. Adv. with Ms.Filza Moonis, Adv. versus NTPC LIMITED AND ANR. .... Respondents Through: Mr.Tushar Mehta, SGI, Ms.Maninder Acharya, ASG with Mr.Puneet Taneja, Ms.Laxmi Kumari, Mr.M.S.Narula, Mr.Viplav Acharya, Advs. AND + W.P.(C) 12077/2019 & CMs 49474-75-76/2019 M/S BGR MINING AND INFRA LIMITED ..... Petitioner Through: Mr.Dayan Krishnan, Sr. Adv. with Ms.Filza Moonis, Adv. versus NTPC LIMITED AND ANR. ..... Respondents Through: Mr.Tushar Mehta, SGI, Ms.Maninder Acharya, ASG with Mr.Puneet Taneja, Ms.Laxmi Kumari, Mr.M.S.Narula, Mr.Viplav Acharya, Advs. Page 2 CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA 1. WP(C) No. 12068/2019 has been filed by the petitioners challenging the order dated 30.09.2019 passed by the respondents banning the business dealings with the petitioners for a period of three years from the date of issuance of the said order. 2. WP(C) No.12077/2019 has been filed challenging the order dated 17.09.2019 passed by the respondents against the petitioner therein to the similar effect. 3. As common questions of facts and law are raised in both the above petitions, they are being disposed of by this common judgment. For the sake of brevity, facts mentioned in WP(C) No.12068/2019 are noted hereinbelow. 4. The petitioner no.1 is a consortium of NCC Ltd. and the petitioner no.2 (which is also the petitioner in WP(C) No.12077/2019). It is stated that in accordance with the Consortium Operating Agreement and the Instructions to Bidders, NCC is the Consortium Leader. The Consortium has also incorporated a company named Talaipalli Coal Mining Pvt. Ltd. for the purposes of execution of the Project. 5. The petitioner no.1 was a successful bidder in the tender floated by the respondent no.1 for 'Development and Operation of Talaipalli Coal Block' in the State of Chhattisgarh and was issued a Letter of Award dated 13.11.2017 in its favour. Page 3 6. Similarly, in WP(C) No.12077/2019, the petitioner therein was a successful bidder in the tender for selecting a Mine Operator-cum- Developer for development and operation of the respondent's Chatti Bariatu Coal Block in the State of Jharkhand and was issued a Letter of Acceptance dated 13.11.2017. 7. An FIR No. RC AC-1 2017 A0007 dated 07.12.2017 was registered by the Central Bureau of Investigation (CBI) under Sections 11 and 12 of the Prevention of Corruption Act, 1988 read with Section 120-B of the Indian Penal Code, 1860 (IPC) against one of the Directors of the petitioner no.2, Mr. Rohit Reddy and his associate Mr. Prabhat Kumar, who is alleged to be handling his tasks in Delhi as also Mr. Kulamani Biswal, the then Director (Finance) of the respondent no.1, alleging therein that Mr. Biswal was a part of the Board of Directors of the respondent no.1 and was also a Member of the Expert Committee which reviewed the recommendations of the Tender Committee related to Development and Operation of Talaipalli Coal Block in Chattisgarh. After Award of Tender to the petitioner no.1, a Kick Off meeting was held on 28.11.2017 between the consortium members of the petitioner no.1 as also the officers of the respondent no.1. This meeting was chaired by Mr. Biswal and also attended by Mr. Rohit Reddy and others. Similar Kick Off meeting was held on 28.11.2017 for the Chatti Bariatu Coal Block, again chaired by Mr. Biswal and attended by Mr. Rohit Reddy. It was further alleged in the FIR that Mr. Biswal and Mr. Reddy entered into a criminal conspiracy for obtaining a legal gratification of USD Page 4 equivalent to Rs.5 lacs in cash for Mr. Biswal, which was arranged by Mr. Reddy through Hawala Transaction to be delivered to Mr. Biswal through Mr. Prabhat Kumar. 8. The respondent no.1 by its letter dated 20.12.2017, relying upon Clause 24(c) of the Project Agreement regarding