SPML INFRA LIMITED Vs. DEPUTY CHIEF ENGINEER

JUDGEMENT

(1.) RULE . Rule is made returnable with the consent of all the parties forthwith.

(2.) THIS petition challenges two letters both dated 10th April 2013 (Exh.A & Exh.M1), which bar a Joint Venture between the petitioner and Insituform Technologies, Inc. (titled "M/s. Insituform - SPML JV ") for a period of two years from 26th November 2011 to 25th November 2013 from participating in the tenders invited by respondent No.1 - the Dy. Chief Engineer (S.O) P & C, and respondent No.4 - The Chief Engineer, Mumbai Sewage Disposal Project of the Municipal Corporation of Greater Mumbai.

(3.) MR . Madon, the learned senior counsel appearing for the petitioner submitted that the impugned letter virtually blacklists the JV of which the petitioner is a part for a period of two years without affording any opportunity to the petitioner to show cause. Mr. Madon contends that blacklisting certainly visits the petitioner with serious civil consequences, therefore, the respondents were duty bound to comply with the principles of natural justice and fair play prior to blacklisting or debarring the petitioner from participating in tender process. He further contended that the reasons stated in the affidavit-in-reply filed on behalf of the respondents were untenable and in any case the respondents were not entitled to supplement reasons in the shape of affidavit or otherwise, particularly when such reasons did not find place in the impugned letter.