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IN THE HIGH COURT OF DELHI AT NEW DELHI - page 3 / 20

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Corporation Limited.

  • 4.

    M/s Navinya Buildcon Pvt. Limited-Atlantia S.p.A. Consortium.

    • (i)

      Here it is relevant to note that both the RFQ as well as the RFP contained a

Clause pertaining to “Conflict of Interest”. The RFQ document in Clause 2.2 provided for eligibility of the applicants. Clause 2.2.1(c) defined “Conflict of Interest” as follows: “An applicant shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Applicant found to have a Conflict of Interest shall be disqualified. An Applicant shall be deemed to have a Conflict of Interest that affects the Bidding Process, if:

(i)

The Applicant, its Member or Associate (or any constituent thereof) and any other

Applicant, its Member or Associate (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding of an Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more than five percent of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be) in the other Applicant, its Member or Associate, as the case may be, is less than one per cent of the paid up and subscribed share capital thereof; provided further that this disqualification shall not apply to a bank, insurance company, pension found or a public financial institution referred to in section 4A of the Companies Act. 1956;

(emphasis ours)

Or

  • (ii)

    a constituent of such Applicant is also a constituent of another Applicant; or

  • (iii)

    such Applicant receives or has received any direct or indirect subsidy from any

other Applicant, its Member or Associate or has provided any such subsidy to any other Applicant; or

(iv)

such Applicant has the same legal representative for purposes of this Application

as any other Applicant;

Or

(v)

such Applicant has a relationship with another Applicant, directly or through

common third party/parties, that puts either or both of them in a position to have access to each others’ information about, or to influence the Application of either or each other; or

(vi)

such Applicant has participated as a consultant to the Authority in the preparation

of any documents, design or technical specifications of the Project.”

All the applicants at the RFQ stage also had to submit before the NHAI an undertaking as prescribed in Appendix-I to the RFQ document. In terms of the said requirement the

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