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IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT : CONTRACT ACT

WRIT PETITION (CIVIL) 7181/2009

Reserved on

:

5th March, 2009

Date of Decision :

8th April, 2009

NAVINYA BUILDCON PRIVATE LIMITED Through :

Petitioner Mr. Mukul Rohtagi with Mr. Rajiv

Nayar, Sr. Advocates with Meghna Mishra, Mr. R.N.

Ms.

Karanjawal and Ms. Lakshmi Ramchandra, Advs.

versus

UNION OF INDIA & OTHERS

Through :

.Respondents Mr. Gaurav Duggal, Adv. for UOI. Mr. Prag P. Tripathi with Mr. Sandeep Sethi, Sr. Advocates with Ms. Arti, Ms. Shambhu Sharan & Ms. Udisha Sahay, Advs.

CORAM: HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J.

1.

The Petitioner has filed the instant writ petition, inter alia, seeking writ of

certiorari for quashing the letter dated 20th February, 2009 vide which the National Highways Authority of India (NHAI), Respondent No.3 herein have disqualified the Petitioner, and also seeking writ of mandamus to restrain the NHAI from inviting the

second round of bids from the other bidders.

2.

The brief facts as are relevant for determination of the present writ petition are as

follows.

(a)

The NHAI decided to undertake development of six laning of Kishangarh-Ajmer-

Beawar section of National Highway No.8 from Km. 364.125 to Km. 58.245 (length

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