SHILLONG, India, March 21 -- Meghalaya High Court issued the following judgment/order on Feb. 19:

1. By the aforesaid appeal, the appellant has impugned the judgment and order dated 17th December, 2025, passed by the learned Single Judge in Writ Petition (C) No.24 of 2025. By the said judgment and order, the learned Single Judge dismissed the appellant's petition which sought quashing and setting aside of the order dated 3 rd December, 2024, passed by the respondent, blacklisting/debarring the appellant for five years from participating in any future tender/contract of Public Works Department.

Brief facts:

In September, 2009, the Government of India, through the Ministry of Road Transport and Highways, floated a tender for the '2-laning of Nongstoin-Shillong Section of NH 44 and Nongstoin-Rongjeng-Tura Road in the State of Meghalaya under Phase 'A' of SARDP-Ne-NH-44E & SR-MG-PWD-2010- 11-172'. Accordingly, on 14th June, 2010, a Joint Venture agreement was executed between M/s BSCPL and C&C Construction for the purpose of bidding of the aforesaid two specific projects, one in Nagaland and another in Meghalaya. In the said Joint Venture agreement, M/s BSCPL (appellant) was the lead partner of the said agreement.

2. On 15th June, 2010, Joint Venture, being BSC C&C JV (hereinafter referred to as 'JV', submitted its bid before the respondent.

3. On 31st January, 2011, a Letter of Acceptance was issued in favour of the JV for the aforesaid 2-laning project. On 21st February, 2011, the parties entered into an agreement "contract" to execute the work of Ilvo Laning of Shillong-Nongstoin Section of NH 44E and NongstoinRongjeng-Tura Road in the State of Meghalaya for contract price of Rs. 1303.83 crores. The project was to be completed within 36 months i.e., on or before 7 th March, 2014.

4. It is not in dispute that the project could not be completed within the stipulated period and hence, supplementary agreements were entered into between the parties and the timeline was extended. Admittedly, the revised cost estimate was submitted on four occasions and the final extension of time was approved by the respondent till 31st December, 2017. It appears that the Contract works were completed on 15th December, 2017 and the completion certificate for the project was issued on 13th March, 2018.

5. In the interregnum, during the aforesaid period i.e., 2017-2018 disputes arose between the parties in terms of the execution of the work under the contract. The appellant-JV sent a notice in terms of Clause 24 of the Contract to the respondent informing of its claims in relation to non-payment of interest on delayed payments, non-payment of cost of extra bitumen used in bituminous works and non-reimbursement of labour cess. Accordingly, on 23rd April, 2015, the appellantJV sought appointment of Dispute Review Board-I (hereinafter referred to as DRB-I) in terms of Clause 24 of the Contract.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv01NND6lDC6mbWHpTTAZAL8QvwWnhphGeu47lUJF%2Fbv9&caseno=WA/3/2026&cCode=1&cino=MLHC010000292026&state_code=21&appFlag=)

Disclaimer: Curated by HT Syndication.