$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6720/2025 and CM APPL.30444/2025 BLOOM JINDAL JV IN ASSOCIATION WITH KAPIL MUNI INFRA PROJECT PRIVATE LIMITED .....Petitioner Through: Mr. Bankim K. Kulshreshtha, Ms. Pooja Singh, Mr. Vivek Bhadauria and Ms. Manjusha Sehgal, Advs. versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Respondent Through: Dr. Subhash C. Gupta, Sr. Adv. (through v/c). CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 21.05.2025 O R D E R 1. The present petition has been filed by the petitioner assailing a Show Cause Notice (SCN) dated 22.04.2025, issued by the respondent upon the petitioner. The said SCN reads as under: “No. NHIDCL/ICBR-II/Dogibnal-Gau/Complain/251470/4436 Date: 22nd April, 2025 To, M/s Bloom-Jindal (JV) in association with Kapil Muni Infra Projects Pvt. Ltd. Address:-R.N.-73 Kapil Muni House, Sector-62, Noida, UP. Email:- kapilmuniinfra@gmail.com, sanjayasthana@bloo-india.com, roads@ictpl.com & infro@bloom-india.com Subject: Show-Cause Notice for irregularities in execution of project Supervision Consultant for Construction of High-Altitude Hill Road from Doginala to Gau from KM 0+000 to KM 15+320 in Upper Subansiri District of the State of Arunachal Pradesh on EPC Mode This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:43:12 pointed out by nominated technical officer HQ, NHIDCL-Reg. Whereas a letter dated 04.12.2024 has been received to NHIDCL HQ, making allegation of criminal conspiracy and embezzlement of ₹ 21 Crore in connection with the subject cited project. 2. And whereas NHIDCL has undertaken verification of the matter through an inspection of the project site and it has been found that payment for work done of ₹ 24. 28 Cr has been made to the EPC contractor against the stage of “Earthwork up to top of the sub-grade” for 8.85 km length. However, it has been observed at site that works has only been attempted on approximately 1.05 km, which also do not quality for payment as per Schedule-H. 3. And whereas the above said act of making excess payment for unexecuted work at site by breaching the provisions of Contract Agreement has caused the material adverse effect to the NHIDCL, and tantamount to defrauding the Government, causing financial loss to the Government exchequer and misappropriation of public fund. 4. In light of the above, you are hereby show-caused to explain the irregularities pointed out above for subject cited project as to how the excess payments have occurred in project and explain as to why your firm may not be debarred for 03 (three) years. 5. Your reply duly supported by documentary evidence should reach to undersigned within 15 days from the date of issue of this letter otherwise it will be presumed that you have failed to perform the assigned duties. (Trivendra Kumar) Executive Director, NHIDL” 2. It can be seen that by way of the aforesaid SCN, the petitioner has been asked to submit a reply thereto. At the present stage, the petition appears to be premature inasmuch as no action has been taken against the petitioner pursuant to the SCN. 3. Learned counsel for the respondent, who appears on advance notice submits that the SCN shall necessarily be adjudicated in accordance with law and an opportunity of hearing shall be given to the petitioner and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:43:12 thereafter a reasoned order shall be passed by the respondent, in case it is proposed to take any action against the petitioner. 4. In the circumstances, taking on record the statement of learned counsel for the respondent, the present petition is disposed of. 5. Needless to say, if the SCN culminates in any action being taken against the petitioner, the petitioner shall have the right to avail appropriate remedies in accordance with law. SACHIN DATTA, J MAY 21, 2025/cl This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:43:12