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ARTICLE · 22 NOVEMBER 2022

HSA | Dispute Resolution & Arbitration Monthly Update | November 2022

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A notice inviting tender dated March 15, 2018 was issued by the National Highways Authority of India (NHAI/Respondent), in order to provide consultancy services as its Engineer,...

IndiaLitigation, Mediation & Arbitration
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Consulting Engineers Group Ltd v. National Highways Authority of India (NHAI)

Delhi High Court | OMP(I) (COMM) 244/2022 & IA 12741/2022

Background facts

  • A notice inviting tender dated March 15, 2018 was issued by the National Highways Authority of India (NHAI/Respondent), in order to provide consultancy services as its Engineer, for supervision of construction of 8 Lane Dwarka Expressway from Delhi-Haryana Border to start of rail over bridge in Gurugram, Haryana. As per the tender document, bidders could apply either as a sole firm or by forming joint venture with other consultants.
  • In order to participate in the aforesaid tender process and to provide consultancy services, Aecom Asia Company Ltd (Aecom) and Consulting Engineering Group Ltd (Petitioner) agreed to form a consortium wherein Aecom was the lead partner and the Petitioner was the associate partner. Accordingly, a Memorandum of Understanding (MOU) dated May 14, 2018 was entered into between the

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