U TOLL CORPORATION LTD Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS)

JUDGEMENT

(1.) The instant writ application seeks to assail a show cause notice No.NHAI/13013/547/CO/10-11/Competitive Bidding dated 18.10.2012, as contained in Annexure 8 to the writ application, whereby and whereunder the N.H.A.I. has proposed to terminate the contract agreement on the ground that the petitioner has submitted a false certificate of Net Worth, which tantamounts to violation of Clause 2(d) of Section II of Request for Proposal (RFP). A further direction has been sought for setting aside the fresh Tender Notification No.NHAI/13013/547/CO/11-12/Competitive Bidding dated 23.10.2012, as contained in Annexure 9 to the writ application, whereby and whereunder the respondents have invited fresh bids for the sites over which the petitioner is operating and has a valid and existing contract.

(2.) The aforementioned challenge has been placed to the impugned action of the respondents stating that it has no legal sanction or authority and the respondents are not entitled to terminate the contract by invoking Clause 2 (d) of Section II of the RFP as the interpretation accorded to the said clause is wholly erroneous and unsustainable.

(3.) The petitioner's further issue is that the certificate of Chartered Accountant produced by them along with the bid was not a false certificate as the 'Net Worth' and 'Financial Capacity' of the petitioner has been truly depicted in the certificate and there is no falsity or misrepresentation, so as to attract the provision of Clause 2(d) of Section II of the RFP.