9911796707
TMI Blog2024 (10) TMI 1492X X X X Extracts X X X X X X X X Extracts X X X X ..... months - HELD THAT:- This Court finds that the black listing period has already been over, but there is forfeiture of Security Deposit as well as Performance Guarantee made by the petitioner, which has been done without complying the principle of natural justice. Therefore, the same cannot be sustained in the eye of law. In M/S KULJA INDUSTRIES LIMITED VERSUS CHIEF GEN. MANAGER WT. PROJ. BSNL OTHE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for the petitioner and Mr. G. Mishra, learned Sr. Advocate appearing along with Mr. J.R.Deo, learned counsel for opposite party nos. 2 to 4. 3. The petitioner has filed this writ petition seeking to quash the order under Annexure-22, by which the petitioner has been intimated that based on the terms and conditions of the Online Forward Auction for Sale, his Sale Order No. 54047724 is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curity Deposit along with applicable GST as well as Performance Guarantee cannot be sustained in the eye of law. Further more the debarment of the petitioner from participating in any Auction and forfeiture of the Security Deposit and Performance Guarantee has been done without following the principle of natural justice. 5. Mr. G. Mishra, learned Senior Advocate appearing for the opposite parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... am Limited and others, (2014) 14 SCC 731, the apex Court held, if State or its instrumentality takes decision on blacklisting then such decision is subject to judicial review on grounds of principles of natural justice, doctrine of proportionality, arbitrariness and discrimination under Article 14 of the Constitution of India. 8. In Nova Steel (India) Ltd v. M.C.D. And Ors, AIR 1995 SC 1057 the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court is of the opinion that the order dated 26.06.2023 under Annexure-22 cannot be sustained in the eye of law and is liable to be quashed and is hereby quashed. As a consequence thereof, the matter is remitted back to opposite party no.4 to pass appropriate order in accordance with law in due compliance of the principle of natural justice within a period of four months from the date of commun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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