Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 4 August 2026
Case Overview
- Parties: Appellant – Rajinder Infrastructure Pvt. Ltd.; Respondents – Ministry of Defence & others, including Hill Brow Metallics & Construction Pvt. Ltd. (Respondent No. 6).
- Background: On 5 May 2025 the Border Roads Organisation (BRO), a statutory agency under the Ministry of Defence, invited bids for the construction of the Rishi‑Rongli‑Kupup road in Sikkim, a project of strategic importance.
- Bid Process: Rajinder Infrastructure submitted technical and financial bids, was declared technically qualified on 4 Oct 2025, emerged as the lowest financial bidder (L‑1), and received a Letter of Acceptance on 17 Nov 2025. Hill Brow Metallics was declared L‑2.
- Dispute Trigger: On 6 Nov 2025 Hill Brow issued legal notices alleging non‑disclosure of incomplete projects and prior debarments by GMADA and PUDA. Hill Brow filed Writ Petition (Civil) No. 75 of 2025 in the High Court of Sikkim, seeking to set aside the technical evaluation and stay the LOA.
- High Court Interim Order: The High Court, by an interim order dated 3 Dec 2025, stayed the Summary of Technical Evaluation and the LOA issuance.
- Appellant’s Contentions: Rajinder Infrastructure argued it was denied sufficient opportunity to contest the writ petition, that important facts could not be placed before the court, and emphasized the project's national importance and extreme weather conditions.
- Respondent’s Position: Additional Solicitor General Anil Kaushik, appearing for the Ministry of Defence, contended that no compelling circumstances existed to justify the interim stay and that the project could not be delayed.
Final Outcome
- The Supreme Court allowed the civil appeal, set aside the High Court’s interim order dated 3 December 2025, and directed the High Court to take up and dispose of the writ petition on its merits as expeditiously as possible.
Topics: Legal Dispute, Infrastructure Procurement