TORQUE ELECTRICALS Vs. MADHYA PRADESH PASCHIM KSHETRA VIDYUT

JUDGEMENT

(1.) Since the pleadings are complete, therefore, this matter is heard finally with the consent of both the parties.

(2.) This petition under Article 226 of the Constitution of India has been filed by the petitioner questioning the legality, validity and propriety of the order dtd. 02/03/2021(Anexure-P/1) whereby the petitioner/firm has been debarred from the future business with the Madhya Pradesh Paschim Kshetra Vidyut Vitran Company Ltd., Indore for a period of 3 years, from the date of issuance of this order with forfeiture of Earnest Money Deposit, deposited against TS-1433.

(3.) Brief facts leading to filing of this case are that the aforesaid impugned order amounts to black-listing of the petitioner/firm and the same has been passed contrary to the terms and conditions of contract and has breached the settled principle of law as before passing the orders which carry civil consequences, has not been followed, the principle of audi alteram partem. Before blacklisting the petitioner/firm the respondent did not care to issue any show cause notice and passed the order of black-listing of the petitioner/firm and also consequentially forfeiting the Earnest Money Deposit. The said impugned order has been passed for the reason of non-completion of the contractual formalities i.e., non-submission of Bank Guarantee/FDR towards security deposit and non-execution of required agreement within the stipulated time period against the awarded rate contract, the said rate contract has been cancelled vide order dtd. 25/01/2021.