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TMI Blog2024 (10) TMI 1492X X X X Extracts X X X X X X X X Extracts X X X X ..... Deo, Advocate ORDER This matter is taken up through hybrid mode. 2. Heard Mr. S.K. Dash, learned 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rkable condition, the entire work came to standstill. Therefore, the question of forfeiture of Security 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In Kulja Industries Limited v. Chief General Manager, Western Telecom Project Bharat Sanchar Nigam 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the aforesaid facts and circumstances of the case vis-a-vis the law decided by the apex Court, this 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 du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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