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IN THE HIGH COURT OF DELHI AT NEW DELHI - page 7 / 20

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know of the disqualification incurred by the Petitioner from the representations of the other bidders, before it could call upon the Petitioner to clarify the position, the Petitioner itself had vide its communication dated 8th January, 2008 admitted that Abertis had a share holding in Atlantia, a constituent of the Petitioner consortium and that, therefore, there was no question of violation of the principles of natural justice in the NHAI disqualifying the Petitioner. 5. Before we come to the merits of the rival submissions made on behalf of the parties, it would be necessary and relevant to extract some of the other relevant clauses of

the RFQ and the RFP:

APPENDIX I

Letter Comprising the Application for Pre-Qualification (Refer Clause 2.13.2)

Dated:

To,

Mr S K Nirmal General Manager BOT (II) A National Highways Authority of India G-5&G-6, Sector 10, Dwarka New Delhi – 110 075

Sub:

Application for pre-qualification for ***** Project.

Dear Sir,

With reference to your RFQ document dated *****, I/we, having examined the RFQ document and understood its contents, hereby submit my/our Application for Qualification for the aforesaid project. The Application is unconditional and unqualified.

2

All information provided in the Application and in the Appendices and Annexures

is true and correct and all documents accompanying such Application are true copies of

their respective originals.

3

This statement is made for the express purpose of qualifying as a Bidder for the

development, construction, operation and maintenance of the aforesaid Project.

4

I/ We shall make available to the Authority any additional information it may find

necessary or require to supplement or authenticate the Qualification statement.

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