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M/S Oasis Projects Ltd. v. National Highway and Infrastructure Development Corporation Ltd. (Delhi HC)
From the Database of www.lawtodaylive.com
Delhi High Court
Decided on: 10.04.2024

Constitution of India, Article 14 -- Black listing/ Debarment of Contractor – Deemed debarring on termination of contract – Show cause notice -- As per the circular, issuing of a notice is mandatory in nature in cases of non-performance or debarring/ penalizing a contractor/ concessionaire -- A notice pertaining to non-performance and termination does not inherently imply association with the prospect of debarment -- There should have been a separate Show Cause Notice issued to the concerned entity/ person with respect to debarment.

(Para 28)

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M/S Oasis Projects Ltd. v. National Highway and Infrastructure Development Corporation Ltd. (Delhi HC)
(2024) Law Today Live Doc. Id. 19142
From the Database of www.lawtodaylive.com
Delhi High Court
Before: Prathiba M. Singh, J.
ARB. A. (COMM.) 39 of 2023
& I.A. 24552 of 2023

Decided on: 10.04.2024
M/S Oasis Projects Ltd. - Appellant
Versus
National Highway and Infrastructure Development Corporation Ltd. - Respondent

Constitution of India, Article 14 -- Black listing/ Debarment of Contractor – Deemed debarring on termination of contract – Show cause notice -- As per the circular, issuing of a notice is mandatory in nature in cases of non-performance or debarring/ penalizing a contractor/ concessionaire -- A notice pertaining to non-performance and termination does not inherently imply association with the prospect of debarment -- There should have been a separate Show Cause Notice issued to the concerned entity/ person with respect to debarment.

(Para 28)

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