SIMPLEX INFRASTRUCTURE LTD Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Mr. D. Senapati, learned counsel for the petitioner and Mr. C. Baruah, learned counsel, National Highway Authority of India for the respondent Nos. 1 to 4. Also heard Mr. D. Das, learned Senior Counsel assisted by Mr. G. Khandelia, learned counsel for the respondent No.5.

(2.) The petitioner company is engaged in the business of executing work contract for Public Sector Undertakings and Government as well as Semi Government establishments. It is stated that it has developed adequate infrastructure, necessary technical knowhow, technology resources equipments, materials etc., having fully trained, efficient capable personnel so as to execute construction works on contractual basis.

(3.) In respect of the project of "Widening and strengthening of the existing National Highway from 2 (two) lane to 4 (four) lane from Km. 183.000 to Km 163.895 of Sonapur to Guwahati Sec. of National Highway No. 37 in Assam on East-West Corridor under Phase-II programme of NHDP (National Highway Development Project) Package No. EW-II (AS-3)", (hereinafter referred to as the said Project), the respondents in the National Highway Authority of India (NHAI, in short) allotted the said project to the respondent No. 5 (Telecommunications Consultants India Limited and MBL Infrastructures Limited, in short, TCIL-MBL (JV) a Joint Venture through an Open Competitive Bidding Process and in respect of the award of work of the said project, an agreement was executed between the NHAI authorities and the respondent No. 5 on 3/6/2005.