M/S R.K. Transport And Constructions Pvt. Ltd v. National Thermal Power Corporation Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.989 of 2021 M/s R.K. Transport & Constructions Pvt. Ltd (A Company Duly Registered Under Relevant Provisions of The Companies Act, 1956) Through The Director Having Its Office At HIG -07, Sector-2, Shankar Nagar, Raipur, Chhattisgarh ---- Petitioner

Versus

1. National Thermal Power Corporation Limited (A Government of India Enterprise), Having Its Registered Office At NTPC Bhavan, Scope Complex, 7 Institutional Area, Lodhi Road, New Delhi-100003

2. A. G. M. (NTPC, SSC) Western Region-II, NTPC Sipat P.O Ujjwal Nagar, District Bilaspur, (C.G.), Pin-495555 ---- Respondents For Petitioner : Shri Kshitij Sharma, Advocate For Respondent-NTPC : Shri B.D. Guru, Advocate Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per Parth Prateem Sahu, Judge 24.02.2021 1.

The Petitioner has moved this Court with the following prayers : "10.1) The Hon'ble Court may kindly be pleased to call for the records pertaining to the subject tender. 10.2) The Hon'ble Court may kindly be pleased to issue such writ/orders/direction quashing the impugned communications dated 12.01.2021 (Annexure P-1), since the same is issued with premeditation and in an arbitrary manner. 10.3) The Hon'ble Court may also kindly be

pleased to issue such writ/orders/direction quashing all the consequential action pursuant to the impugned communication dated 12.01.2021 (Ann. P-1).

10.4 Cost of the petition may also be granted to the petitioner.

10.5 Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice."

2.

Shri B.D. Guru, the learned counsel representing the Respondents submits that Annexure P/1 order is only a show cause notice with regard to proposed blacklisting. The matter was later considered and finalized, whereby order of blacklisting has been passed on 18.02.2021. 3.

The submission made by Shri B.D. Guru, the learned counsel for the Respondents that the copy of the order is being handed over to the counsel for the Petitioner is recorded.

4.

Shri Kshitij Sharma, the learned counsel for the Petitioner seeks for permission to withdraw the matter without prejudice to the rights and liberties of the Petitioner to challenge the matter including the order of blacklisting by way of appropriate proceedings in accordance with law. 5.

Permission is granted.

6.

The petition is dismissed as withdrawn.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Anu