M/S Armenge Engg. and Management Consultant Pvt Ltd v. The Union of India and 2 Ors

ORDER Date : 19.06.2024

Heard Mr. R. R. Raj, learned counsel for the petitioner. Also heard Mr. P.J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel for the respondents.

¶2This writ petition is filed putting to challenge the impugned order dated

13.05.2024 wherein one M/s Feedback Infra Pvt. Ltd. in Joint Venture with M/s Armenge Engg. & Management Consultant Pvt. Ltd., namely, the present writ petitioner have been debarred from participating in future projects of NHIDCL, either directly or indirectly from the date of issuance of the notice within a period of 2 (two) years in accordance with Clause 2.9.7 of GCC of the Contract Agreement.

¶3It is submitted that each of the component of the JVs namely, M/s Feedback Infra Pvt. Ltd. in Joint Venture and present writ petitioner have approached this Court challenging the impugned debarred Notice dated Page No.# 3/4

13.05.2024 by filing two separate writ petitions.

¶4WP(C)/2934/2024 was filed by M/s Feedback Infra Pvt. Ltd. The present writ petition is filed by M/s Armenge Engg. & Management Consultant Pvt. Ltd.

¶5A Co-Ordinate Bench by Judgment and Order dated 05.06.2024 passed in WP(C)/2934/2024, which was filed by M/s Feedback Infra Pvt. Ltd. has interfered with the impugned debarment Notice dated 13.05. By the said order, the impugned notice was set aside. A similar order is prayed for in the present writ petition since by the said debarment notice dated 13.05.2024, the petitioner has also been debarred.

¶6It is submitted by Mr. P.J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel for the respondents that the notice was issued to the Joint Venture and that having been set aside, no separate orders are required to be passed in the present writ petition.

¶7The learned counsels for the parties have been heard. Pleadings on record have been carefully perused. The debarment notice dated 13.05.2024 have also been noted.

¶8By the said order the debarment Notice dated 13.05.2024 was set aside. The debarment Notice was issued debarring the M/s Feedback Infra Pvt. Ltd. in Joint Venture with M/s Armenge Engg. & Management Consultant Pvt. Ltd., from participating in the NHIDCL contracts for a period of 2 (two) years, in view of the Clause 2.9.7 of GCC of the Contract Agreement. The operative part of the notice reflects as under:- "7. WHEREAS, in light of above, M/s Feedback Infra Pvt. Ltd. in JV with M/s Armenge Engg. & Management Consultant Pvt. Ltd., 10th Floor, Building no.10C, DLF Cyber City, Phase-2, Gurugram-122002, Haryana, is hereby debarred from Page No.# 4/4 participating in future projects of NHIDCL either directly or indirectly from the date of issuance of this notice for period of 02 years in accordance with Clause 2.9.7 of GCC of the Contract Agreement."

¶9It is seen that this Co-Ordinate Bench by order dated 05.06.2024 in WP(C)/2934/2024 has already interfered with the said notice and the notice was directed against the joint venture comprising of M/s Feedback Infra Pvt. Ltd. in Joint Venture with M/s Armenge Engg. & Management Consultant Pvt. Ltd.. In that view of the matter, no separate orders are called for in this writ petition. The benefits conferred by the order dated 05.06.2024 in WP(C)/2934/2024 will have to be conferred to the present writ petitioner also.

¶10Accordingly, the debarment Notice dated 13.05.2024 will also be deemed to be set aside in so far as the present writ petitioner is concerned.

¶11Writ petition, is accordingly, disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010104172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2749/2024o M/SoARMENGEoENGG.oANDoMANAGEMENToCONSULTANToPVToLTDo HAVINGoITSoREGISTEREDoOFFICEoAT-oA1008,oASHIANAoGREENWOOD,o NEARoSHOOTINGoRANGE,oJAGATPRA,oJAIPUR-302017oTHROUGHoITSo AUTHORIZEDoREPRESENTATIVEoSHRIoRAMoSINGH,oGENERALoMANAGER,o SONoOFoSHRIoOMKARoSINGH,oR/O-oVIJAYNAGAR,oKHOONDROT,oALWAR,o RAJASTHAN-301704. VERSUSo THEoUNIONoOFoINDIAoANDo2oORS.o THROUGHoTHEoSECRETARY,oMINISTRYoOFoROADoTRANSPORToANDo HIGHWAYS,oTRANSPORToBHAWAN,o1,oPARLIAMENToSTREET,oNEWoDELHI- 110001. 2:NATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONo(NHIDCL) oMINISTRYoOFoROADoTRANSPORToANDoHIGHWAYS oGOVT.oOFoINDIA o1SToANDo2NDoFLOOR oTOWER-A oWORLDoTRADEoCENTRE oNAROJIoNAGAR oNEWoDELHI-110029oANDoASLOoAToREGIONALoOFFICEoGUWAHATI o2NDoFLOOR oAGNISHANTIoBUSINESSoPARK oOPPOSITEoAGPoOFFICE oGNBoROAD oAMBARI oGHY-781001. 3:EXECUTIVEoDIRECTORo(T) Page No.# 2/4 NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION (NHIDCL) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 1ST AND 2ND FLOOR TOWER-A WORLD TRADE CENTRE NAROJI NAGAR NEW DELHI-11002 Advocate for the Petitioner : N GAUTAM Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA