SREI INFRASTRUCTURE FINANCE LIMITED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This writ petition seeks quashing of the order dated 5 th October, 2023 issued by the respondents whereby the petitioner has been blacklisted for a period of three years and debarred from participating in the tender process for any work advertised by the Government of Tripura (Annexure-1 to the writ petition).

(2.) The order of blacklisting has been passed after approval of the resolution plan under Sec. 31 of the Insolvency and Bankruptcy Code, 2016 on 11/8/2023 by the learned NCLT, Kolkata whereby the petitioner's management has been transferred to a new management. Earlier the petitioner was blacklisted vide order dtd. 6/3/2023 and debarred from participating in any tender process for any work of the Government of Tripura. This was the subject matter of challenge in WP(C) No.271 of 2023 wherein this court vide order dtd. 29/5/2023 quashed the blacklisting order dtd. 6/3/2023. Thereafter, the impugned order of blacklisting has been passed.

(3.) The genesis of the dispute is the allotment of work for providing consultancy services for the Geographic Information System (GIS) based Master Plan Formulation for 20 cities in the State of Tripura under Tripura Town and Country Planning Act, 1975 as per the Request for Proposal issued on 23/8/2017 by the respondent.