M/S Daksha Cable Industries Pvt. Ltd. v. The South Bihar Power Distribution Company
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8099 of 2025 ====================================================== M/s Daksha Cable Industries Pvt. Ltd. A Company registered under the Companies Act, 1956 having its Registered office at 143-A Government Industrial Estate, Charkop, Kandivali (West), Mumbai- PIN- 400067, through its Chief Marketing Officer, Laxmikant Murlidhar Shete, Male, age about 62 Years, S/o Shri Murlidhar Shete, Resident of 75/502 Ekveera Prasad, Tilak Nagar, Road No.- 5, M.G. Road, Opp.- CCI Colony, Goregaon, West Mumbai Suburban, Maharastra- 400104.
... ... Petitioner.
Versus
1.
The South Bihar Power Distribution Company through its Managing Director, Vidyut Bhawan, Bailey Road, Patna- 800021. 2.
The Chief Engineer, Project- 1 (Rural), South Bihar Power Distribution Company through its Managing Director, Vidyut Bhawan, Bailey Road, Patna- 800021.
3.
The Electrical Executive Engineer, RE, South Bihar Power Distribution Company through its Managing Director, Vidyut Bhawan, Bailey Road, Patna- 800021.
... ... Respondents.
====================================================== Appearance :
For the Petitioner :
Mr. Venkatesh Kirti, Advocate.
For the SBPDCL :
Mr. Umesh Prasad Singh, Senior Advocate.
Mr. Kumar Manish, Advocate.
Mr. Vaibhav Veer Shankar, Advocate.
Mr. Kumar Gaurav, Advocate.
Mr. Arun Kumar Prasad, Advocate.
Ms. Aishwarya Shankar, Advocate.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-09-2025 In the instant writ petition, petitioner has prayed for the following relief(s):
"a.) For issuance of Writ in nature of Certiorari quashing the Letter No.1236 dated 28.04.2025 passed by Respondent No.2, wherein
Patna High Court CWJC No.8099 of 2025 dt.23-09-2025 2/3 the Petitioner Company has been debarred from Supplying materials (cables) to SBPDCL for next five years.
b.) For any other relief or reliefs which the petitioners may be found entitled to in the facts and circumstances of the case."
2. Perusal of Annexure-P/6 dated 28.04.2025, it is a crystal clear that the petitioner has not been heard in the form of issuance of show cause notice and receipt of reply. Impugned decision has a civil consequences on the petitioner. Therefore, petitioner is entitled to show cause notice and other formalities before passing any adverse order.
3. In the light of these facts and circumstances, the petitioner has made out a case so as to interfere with the communication dated 28.04.2025 (Annexure-P/6) and it is set aside. Respondents are at liberty to initiate a fresh proceeding by issuing show cause notice and seeking petitioner's explanation. On receipt of petitioner's explanation, proceed to pass a detailed and speaking order after due consideration of each of the contention to be raised against the show cause notice. The above exercise shall be completed within a period of four months from the date of receipt of this order.
4. Accordingly, writ petition stands allowed.
Patna High Court CWJC No.8099 of 2025 dt.23-09-2025 3/3
5. Pending Interlocutory Application(s), if any, stands disposed of.
(P. B. Bajanthri, CJ) ( Alok Kumar Sinha, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.09.2025.
Transmission Date NA