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High Court of DelhiW.P.(C)/1934/2025

Bhilai Engineering Corporation Limited v. Steel Authority Of India Limited

2025-02-14Hon'Ble Mr. Justice Sachin Datta2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1934/2025, & CM APPL. 9058/2025 - (stay) BHILAI ENGINEERING CORPORATION LIMITED .....Petitioner Through:

Mr. Rishi Anand, Adv.

versus STEEL AUTHORITY OF INDIA LIMITED .....Respondent Through:

Mr. Alakh Kumar, Adv.

CORAM:

HON'BLE MR. HARISH VAIDYANATHAN SHANKAR

O R D E R

% 14.02.2025 CM APPL. 9059/2025 - Ex(filing certified copy etc.) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 1934/2025 & CM APPL. 9058/2025 (stay) 1.

The Petitioner herein challenges the Show Cause Notice ['SCN'] dated 15.01.2025, whereby, for the reasons as stated at para 1 of the SCN, the Respondent i.e. Steel Authority of India Limited ['SAIL'] had on an earlier occasion, banned the Petitioner for a period of two years on 12.09.2024 and by the present notice, seeks to extend the said ban across India.

2.

Learned counsel for the Respondent, Mr. Alakh Kumar, appears on advance notice and contends that the said challenge is pre-mature as the Petitioner has already filed their reply to the SCN and the Respondent will take a decision based on the said reply/hearing in the proceedings.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:13:10

3.

On a pointed question being posed, the learned counsel for the Respondent is unable to give a commitment on how long such a proceeding may take for conclusion.

4.

Learned counsel for the Petitioner states that the Petitioner has been unable to participate in at least one of the tenders that have been issued by the Respondent.

5.

Learned counsel for the Respondent does not dispute the said position.

6.

Considering the fact that the said ban order has serious consequences and also keeping in mind the fact that the alleged delay in completion of the work took place in respect of a contract which was entered into almost a decade back, this Court is of the view that the proceedings in respect of the SCN be concluded within a period of two months from today and any decision taken thereof, if prejudicial to the Petitioner, be kept in abeyance for a period of two weeks from the communication of the same to the Petitioner, for taking such steps as the Petitioner may deem fit.

7.

The present Writ petition stands disposed of with the aforesaid directions.

HARISH VAIDYANATHAN SHANKAR, J FEBRUARY 14, 2025/akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:13:10