M/S Megha Enterprises, Proprietorship Firm Through Proprietor Smt Megha Dey v. The Union Of India, Service Through Ministry Of Commerce And Industry & ORS.
$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5419/2025 M/S MEGHA ENTERPRISES, PROPRIETORSHIP FIRM THROUGH PROPRIETOR SMT MEGHA DEY .....Petitioner Through:
Mr. Subhabrata Datta, Mr. Sunando Rana, Mr. Panas Agarwal, Advs.
versus THE UNION OF INDIA, SERVICE THROUGH MINISTRY OF COMMERCE AND INDUSTRY & ORS. .....Respondent Through:
Mr. Rohit Jolly, Mr. Raghav Sachdev, Advs.
Mr. Premtosh K. Mishra (CGSC) along with Mr. Manish Vashist, Mr.
Rajkumar Maurya, Advs. (GP)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 28.04.2025
O R D E R
CM APPL. 24704/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
W.P.(C) 5419/2025 3.
The present petition has been filed seeking revocation of the order of suspension dated 19.02.2025 issued by the respondent no.2 against the petitioner.
4.
The petitioner is a proprietorship firm who has been carrying on business under the name and style of "M/S Megha Enterprises" for supplying material to the Central Government Organizations and for this purpose seeks to participate in various tenders issued on the Government eThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Marketplace (GEM).
5.
It is submitted that the petitioner has been awarded with many contracts wherein it successfully delivered materials as per the specifications in the Notice Inviting Bid floated by the concerned Government authorities. 6.
On 11.12.2024 a show cause notice was issued to the petitioner on account of allegedly indulging in any anti-competitive behaviour or cartel formation. The said show cause notice was duly responded to by the petitioner on 18.12.2024.
7.
However, vide order dated 19.02.2025, the petitioner was suspended for a period of two months w.e.f. from 19.02.2025 to 20.04.2025. The said period of suspension is already over. However, the petitioner is aggrieved on account of the stigmatic nature of the order and the cascading effect thereon on the business of the petitioner.
8.
During the course of hearing, it transpires that the said impugned suspension order dated 19.02.2025 is appealable under Clause 8 of Government e-Marketplace (GEM) Incident Management Policy. 9.
In the circumstances, the petition is disposed of relegating the petitioner to the concerned Appellate Authority. Let the Appellate Authority consider the appeal that may be filed by the petitioner on merits and pass a reasoned order thereon.
10.
The Appellate Authority shall duly consider the pleas raised on behalf of the petitioner including the plea that the allegations in the show cause notice are unfounded.
11.
The appellate authority is requested to decide the appeal as expeditiously as possible and preferably within a period of eight weeks from today.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
Needless to say, if the petitioner is aggrieved from the said exercise he shall be at liberty to avail appropriate remedies under law. 13.
The petition is disposed of in the above terms. SACHIN DATTA, J APRIL 28, 2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.