BINDIYA ENTERPRISE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate, Ms. Dixa Pandya, for the petitioner, learned AGP, Dr.Venugopal Patel for respondent no.1 and Mr.P.A.Jadeja for Mr.Shivang Shukla, learned advocate for respondent no.2.

(2.) The petitioner has challenged order dated 16.11.2018 passed by respondent no.2, whereby the respondent no.2 has blacklisted the petitioner.

(3.) Ms.Dixa Pandya, learned advocate for the petitioner has vehemently submitted that, due to the impugned order of blacklisting, the petitioner is not able to take part in a new tender, which is floated by respondent no.2. She has also invited the attention of the Court to the documents filed with the petition, and has stated that, as per the policy, respondent no.2 ought to have given time of at least 45 days to complete the contract work but respondent no.2 has given only ten days, which is arbitrary. She has also referred to the reply dated 31.10.2018 given by the petitioner to respondent no.2 for seeking extension of time. She has also invited the attention of the Court to the reply dated 11.11.2018 given by the petitioner to respondent no.2 tendering its explanation. She has contended that inspite of that respondent no.2 has passed the impugned order of blacklisting the petitioner, which will adversely affect the reputation of the petitioner and irreparable injury would be caused to the petitioner. While referring to decision of Erusian Equipment and Chemicals Limited v. State of West Bengal reported in AIR 1975 SC 266, more particularly paragraphs 14 and 15 thereof, she has prayed to grant interim relief in favour of the petitioner so that the petitioner can take part in the tender, which is floated by respondent no.2 recently. She has also placed reliance on the decision of this Court in the case of Bharat Construction Company v. Vadodara Municipal Corporation rendered in Special Civil Application No.6173 of 2017 on 6.12.2018, wherein the Court has set aside the impugned order of blacklisting the petitioner therein permanently.