M/S Madhav Construction Vs Nbcc (India) Limited and Anr. — Delhi HC (2026) — LawSathi Research

M/S Madhav Construction Vs Nbcc (India) Limited and Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief: appeal dismissed (and disposed of) as rendered infructuous after invocation of the bank guarantee and debarment of the appellant; all issues, including the challenge to the show cause notice dated 29.12.2025, expressly declared open if the appellant challenges the invocation and debarment orders before an appropriate forum/Court.

Issue for consideration

Whether the High Court of Delhi has territorial jurisdiction over W.P.(C) 4336/2026 challenging the show cause notice dated 29.12.2025. +1 more

Court's answer

The instant intra-Court appeal has been rendered infructuous: pursuant to the show cause notice dated 29.12.2025, an order invoking the bank guarantee and debarring the appellant has been passed, and the appellant must now challenge those orders before an appropriate forum/Court.

Ratio / Principle

The appeal is dismissed as having been rendered infructuous.

Key takeaways

All issues remain open to be pressed by the appellant, including the ground/issue relating to the show cause notice dated 29.12.2025, if the appellant challenges the order of invocation of the bank guarantee and the order of debarment.ratio¶22
The Court expressly made no observation either on the merits of the claims of the respective parties or on the issue of territorial jurisdiction of this Court.obiter¶24

Detailed headnote1 paragraphs

LPA 368/2026, High Court of Delhi (Coram: Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia), decided 15.05.2026. M/s Madhav Construction's intra-Court appeal challenged the Single Judge's order dated 02.04.2026 dismissing its W.P.(C) 4336/2026 — a petition against a show cause notice dated 29.12.2025 — on the ground of want of territorial jurisdiction. During the appeal's pendency, the bank guarantee stood invoked and the appellant stood debarred pursuant to that show cause notice. Holding the appeal rendered infructuous, the Bench dismissed it and disposed of it in those terms, while making clear that all issues — including the ground/issue relating to the show cause notice dated 29.12.2025 — remain open to be pressed if the appellant institutes appropriate proceedings against the order invoking the bank guarantee and the order of debarment. The Court expressly recorded no observation on the merits of either party's claims or on the territorial-jurisdiction question.

$~54.

IN THE HIGH COURT OF DELHI AT NEW DELHI

- LPA 368/2026

M/S MADHAV CONSTRUCTION .....Appellant

Through: Ms. Priyanka Jain, Adv.

versus

NBCC (INDIA) LIMITED AND ANR .....Respondent Through: Mr. Amit Kumar, Adv. for NBCC. Mr. Santosh Kumar Rout, SC, SBI

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 15.05.2026

CM APPL. 32825/2026

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

LPA 368/2026 & CM APPL. 32826/2026

This intra-Court appeal seeks to challenge the order dated 02.04.2026, passed by the learned Single Judge whereby W.P.(C) 4336/2026 instituted by the appellant has been dismissed on the ground that this Court does not have any territorial jurisdiction and, therefore, the appellant ought to approach the jurisdictional High Court.

Challenge in the proceedings of the writ petition before the learned Single Judge was to the show cause notice dated 29.12.2025.

We have been informed that pursuant to the said show cause notice an

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 21/05/2026 at 12:45:16

order has been passed invoking the bank guarantee and also debarring the appellant. In view of these developments, we are of the opinion that the instant appeal has been rendered infructuous for the reason that the appellant will now have to challenge the order invoking bank guarantee and the order of debarment by instituting appropriate proceeding before appropriate forum/ Court.

We, thus, dismiss the appeal as having been rendered infructuous. However, we make it clear that all the issues will be open to be pressed by the appellant, including the ground/ issue relating to the show cause notice dated 29.12.2025 if any challenge to the order of invocation of bank guarantee as also the order of debarment is made by the appellant.

The appeal, thus, stands disposed of in the aforesaid terms.

We make it clear that we have not made any observation either on the merits of the claim of the respective parties or even on the issue relating to territorial jurisdiction of this Court.

DEVENDRA KUMAR UPADHYAYA, CJ

TEJAS KARIA, J

MAY 15, 2026 N.Khanna

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 21/05/2026 at 12:45:16