Trust Legal Secures An Order Setting Aside Blacklisting By NHAI

The petition under Article 226 challenged NHAI's decision dated April 10, 2024, blacklisting the Petitioner, Transys Consulting, for two years and imposing a financial penalty of INR 3.06 lakhs

 

A Bench of Justice Sanjeev Narula, High Court of Delhi sets aside a blacklisting order issued by National Highway Authority of India in a petition filed by Transys Consulting Pvt. Ltd. 

 

Transys Consulting was represented by Trust Legal through Partner, Ritwika Nanda and Associate, Shruti Gupta and was led by Sandeep Sethi, Senior Advocate in the petition challenging the blacklisting letter and the imposition of penalty. 

 

Transys Consulting had argued before the Hon’ble High Court that the blacklisting  order has been issued without following the due process of law and observance of principles of natural justice. It was further argued that the blacklisting order was devoid of any cogent reasons. 

 

 

The Hon’ble High Court has held that the reasons for NHAI decision must be clearly articulated in the impugned order / blacklisting order and cannot be retroactively supplemented by contentions presented in the Counter Affidavit. The Court further held that it is imperative that the impugned order / blacklisting order engages directly and explicitly with the explanations offered in response to the show cause notice. Having held so, the Hon’ble High Court set aside the order of blacklisting against Transys Consulting. 

 

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