SAVMBHAAV MEDIA LTD Vs. RAJKOT MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) <DJG>D.H.WAGHELA, J.</DJG> Rule. Learned counsel, Mr.Chhaya, waives service for respondent nos.1 and 2. Service upon respondent no.3 is dispensed with as no relief is pressed against him. The petitioner has called into question order dated 14.5.2010 of respondent no.1, whereby it is conveyed that the respondent have decided to forfeit the deposit paid by the petitioner and to blacklist the petitioner company for the period upto 12.5.2013. It was fairly clear that the matter of forfeiture of deposit and claims or counter-claims, if any, based on the conditions of contract entered into between the parties was not required to be gone into and the parties were required to be left to their remedies in that regard in the Civil Court of competent jurisdiction.

(2.) As for the remaining aspect of blacklisting the petitioner, it was fairly conceded by learned counsel, Mr.Chhaya, appearing for respondent nos.1 and 2 that since the impugned communication was issued and the decision taken to blacklist the petitioner without affording an opportunity of being heard, a show cause notice was required to be issued and fresh decision was required to be taken after affording to the petitioner a reasonable opportunity of being heard.

(3.) In view of fair concession made by learned counsel for respondent nos.1 and 2, part of the impugned communication whereby decision to blacklist the petitioner is conveyed and that decision are set aside with the direction that if the respondent propose to blacklist the petitioner, a show cause notice in that regard shall be issued and only after affording to the petitioner a reasonable opportunity of being heard appropriate fresh decision shall be taken. Accordingly, without entering into the other disputes based on the contract between the parties, the petition is partly allowed and Rule is made absolute in the aforesaid terms with no order as to costs.