Gauhati High Court
WP(C)/3647/2025 of MS SAPTAGON ASIA PRIVATE LIMITED Vs THE UNION OF INDIA on 1 June 2026
GAHC010139192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3647/2025 MS SAPTAGON ASIA PRIVATE LIMITED 9FORMERLY G-ENG ADVISORY PVT. LTD, HAVING ITS REGD. OFFICE AT PLOT EMERALD ESTATE PRIMARY SCHOOL, ADJACENT WORLD MARKET
GAHC010139192025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3647/2025
MS SAPTAGON ASIA PRIVATE LIMITED
9FORMERLY G-ENG ADVISORY PVT. LTD,
HAVING ITS REGD. OFFICE AT PLOT EMERALD ESTATE PRIMARY
SCHOOL, ADJACENT WORLD MARKET MALL, SECTOR 65, GURUGRAM, GURGAON, HARYANA,
REP. BY AUTH. REP. KUMARI PRIYANKA, AGE-26, D/O- JAI SINGH HOODA, RESIDENT OF HOUSE NO 295 GALI NO 2, DAYANAND NAGAR, BAHADURGARH, HARYANA
VERSUS
THE UNION OF INDIA
REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA , MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN, NEW DELHI
2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
UNDER MINISTRY OF ROAD TRANSPORT AND HIGHWAYS)
REPRESENTED BY ITS CHAIRMAN
G-5AND6
SECTOR-10
DWARKA
NEW DELHI
3:THE REGIONAL OFFICER
NORTH EAST DIVISION
NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEDFI HOUSE
4TH FLOOR G.S. ROAD
GUWAHATI
PIN-781006.
4:GENERAL MANAGER (TECH) NORTH EAST DIVISION
NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEDFI HOUSE
4TH FLOOR G.S. ROAD
GUWAHATI
PIN -781006.
5:DEPUTY GENERAL MANAGER (TECH)
PROJECT DIRECTOR
NORTH-EAST DIVISION
NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEDFI HOUSE
4TH FLOOR G.S. ROAD
GUWAHATI
PIN-781006.
6:THE PROJECT DIRECTOR NHAI
PIU BONGAIGAON
(NATIONAL HIGHWAYS AUTHORITY OF INDIA)
DOLAIGAON
MAJPARA (OPP.NAAM GHAR)
DISTRICT - BONGAIGAON
ASSAM
7:MS SHIV BUILDINDIA PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT 401
SIDHHRAJ ZAVOD
NEAR SARGASAN CROSS ROAD
S.G. HIGHWAY SARGASAN
GANDHINAGAR
GUJARAT. PIN - 382421
ALSO HAVING OFFICE AT PATHSALA
DISTRICT - BAJALI
ASSAM
Advocate for the Petitioner : MR S R A NASER, MD F FARIDI,MR. A DHAR,MR P S
DEKA,MR. A CHETRY
Advocate for the Respondent : DY.S.G.I., MR. S K MEDHI(C.G.C),SC, NHAI
Linked Case : WP(C)/4833/2025
M/S KHANNA DESIGNERS AND CONSULTANTS PVT LTD
(CORPORATE IDENTITY NUMBER U74900PB2013PTC037662) HAVING ITS
REGD OFFICE AT H.NO-672
SST NAGAR PATIALA
PUMJAB
PIN-147001
INDIA AND ALSO HAVING ITS ADMINISTRATIVE OFFICE AT 473
PACE CITY -II
SECTOR -37
GURUGRAM HARYANA PIN-122004
REP. HEREIN BY BANAMALI ROUTH
AGE 32 YRS
S/O- BIKASH ROUTH
PERMANENT R/O- H.NO-16
GALI NO-2
VILL- TIKRI
SECTOR 48
GURRGAON
HARYANA
PIN-122018
2: SUMEET KHANNA
S/O- SUBHASH CHANDER KHANNA
PERMANENT RESIDENT OF
VILLA NO-3
TULIP IVORY
SECTOR 70
BADSHAHPUR
GURGAON
PIN-122101 AND MANAGING DIRECTOR OF THE M/S KHANNA DESIGNER
AND CONSULTANTS PRIVATE LIMITED
I.E OETIONER NO-1 (DIN-07901541) PRESENTLY R/O- VILLA NO-3
TULIP IVORY
SECTOR 70
GURGAON
PIN-122101
VERSUS
THE UNION OF INDIA AND OTHRS
REP. BY THE SECRETARY TO THE GOVT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN-1
PARLIAMENT STREET
NEW DELHI-01
2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN G 5 AND 6
SECTOR 10
DWARKA
NEW DELHI-110075.
3:THE REGIONAL OFFICER
NORTH EAST DIVISION
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEDFI HOUSE
4TH FLOOR
G.S ROAD
GUWAHATI-06
4:GENERAL MANAGER (TECH) NE DIVISION
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEDFI HOUSE
4TH FLOOR
G.S ROAD
GUWAHATI-06
5:DEPUTY GENERAL MANAGER (TECH)
PROJECT DIRECTOR
NE DIVISION
THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEDFI HOUSE
4TH FLOOR
G.S ROAD
GUWAHATI-06
6:THE PROJECT DIRECTOR
NHAI
PIU-BONGAIGAON
(NHAI)
DOLAIGAON
MAJPARA (OPP. NAMGHAR)
DIST- BONGAIGAON
ASSAM
7:M/S SHIV BUILDINDIA PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT 401
SIDHHRAJZAVOD
NEAR SARGASAN CROSS ROAD
S.G. HIGHWAY SARGASAN
GANDHINAGAR
GUJARAT
PIN-382421
ALSO HAVING OFFICE AT PATHSALA
DISTRICT-BAJALI
ASSAM
8:M/S TPF ENGINEERING PRIVATE LIMITED
REPRESENTED BY ITS DIRECTOR HAVING ITS REGISTERED OFFICE AT 1401
RUPA SAPPHIRE
PLOT NO. 12
SECTOR 18
OPPOSITE SANPADA RAILWAY
SION-PANVEL HWY
VASHI
NAVI MUMBAI
MAHARASHTRA
PIN-4004705
9:MAV ASSOCIATES LLP
HAVING ITS REGISTERED OFFICE AT 1ST FLOOR
A-21
PUSHPANJALI ENCLAVE
PITAMPURA
DELHI
PIN-110034
------------
Advocate for : MS. S NATH
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND OTHRS
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
Date : 02.06.2026 Heard Mr. A. Dhar, learned counsel appearing for the petitioner in WP(C) No. 3647/2025 and Mr. P. S. Deka, learned counsel appearing for the petitioner in WP(C) No. 4833/2025. Also heard Mr. D. Saikia, learned Senior Counsel assisted by Ms. R. Bora, learned counsel appearing for the respondent Nos. 2 to 6 and Ms. R. Dutta, learned counsel appearing for the respondent No. 2 in WP(C) No. 3647/2025.
2. By way of WP(C) No. 3647/2025, the petitioner has assailed the order dated 09.06.2025 issued by the respondent No. 4 whereby the petitioner was debarred from participating in any form in NHAI/NHIDCL/NH and all Divisions/Units of the Ministry of Road Transport & Highways for a period of twelve months commencing from 09.06.2025 till 09.06.2026, on the allegation that the petitioner was responsible for the casualty which occurred at the construction site at Baihata (NH-27) on 28.02.2024.
3. WP(C) No. 4833/2025 has been instituted by another consultant associated with the same project, namely, the Proof Consultant, challenging the very same order dated 09.06.2025 insofar as it pertains to the said petitioner.
4. The records reveal that while entertaining WP(C) No. 3647/2025, this Court, by order dated 24.07.2025, upon hearing the parties and upon a prima facie examination of the relevant contractual provisions, stayed the effect and operation of the impugned order dated
09.06.2025 pending disposal of the writ petition. Subsequently, by order dated 16.09.2025 passed in WP(C) No. 4833/2025, similar interim protection was extended to the petitioner therein.
5. The order dated 24.07.2025 passed in WP(C) No. 3647/2025 records, inter alia, a prima facie finding that the contractual clauses alleged to have been violated by the petitioner did not appear to have any direct application to the allegations arising out of the accident that occurred on 28.02.2024. On such consideration, this Court had found it appropriate to stay the operation of the impugned debarment order.
6. Likewise, while passing the order dated 16.09.2025 in WP(C) No. 4833/2025, this Court had observed that the petitioner therein stood on a footing warranting similar interim protection and consequently stayed the operation of the impugned order insofar as the said petitioner was concerned.
7. When the matters were taken up for final consideration, Mr. D. Saikia, learned Senior Counsel appearing on behalf of the respondent Nos. 2 to 6, fairly submitted that the debarment in question was operative only for a period of one year, i.e., from 09.06.2025 to 09.06.2026. He further submitted that in view of the limited tenure of the impugned order and the fact that the said period was nearing completion, the respondents do not seek adjudication of the disputes on merits.
8. This Court has considered the submissions advanced by the learned counsel for the parties and has also perused the materials available on record.
9. It is not in dispute that the interim orders passed on 24.07.2025 and 16.09.2025 respectively have remained in force throughout the pendency of the writ proceedings. The said orders were passed after recording prima facie reasons and after considering the rival contentions of the parties.
10. This Court also takes note of the fair stand adopted by the respondent authorities that they do not seek adjudication of the writ petitions on merits at this stage. In the facts and circumstances of the present case, particularly having regard to the continuance of the interim protection granted by this Court and the limited duration of the impugned debarment order, this Court is of the considered opinion that no useful purpose would be served by keeping the present writ petitions pending for a further adjudication on merits.
11. The interests of justice would, in the opinion of this Court, be adequately served by confirming the interim orders already passed in favour of the petitioners.
12. Accordingly, the interim order dated 24.07.2025 passed in WP(C) No. 3647/2025 and the interim order dated 16.09.2025 passed in WP(C) No. 4833/2025 are hereby made absolute.
13. Consequently, the order dated 09.06.2025, insofar as it relates to the petitioners herein, stands set aside.
14. Both the writ petitions stand disposed of in the above terms.
15. No order as to costs. JUDGE Comparing Assistant