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High Court of DelhiW.P.(C)/7148/2024

Ctrls Datacenters Limited v. Energy Efficiency Services Limited & ANR.

2024-05-17Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~109 & 110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7147/2024 CLOUD4C SERVICES PRIVATE LIMITED ..... Petitioner Through:

Mr.

Krishnan Venugopal, Sr.

Advocate with Mr. Uday N. Tiwary, Mr. Krishnan Agarwal, Advocates.

versus ENERGY EFFICIENCY SERVICES LIMITED & ANR.

..... Respondents Through:

Mr. Tushar Jain, Ms. Kanika Gupta and Mr. Ramesh Sharma, Advocates.

+ W.P.(C) 7148/2024 CTRLS DATACENTERS LIMITED ..... Petitioner Through:

Mr. Jayant Bhushan, Mr. Uday N.

Tiwary, Mr. Jeevan B. Panda, Mr.

Satish, Mr. Akshat Tiwary, Mr.

Gaurav Sharma, Ms. Dhriti Mehta, Mr. Amritya Bhushan, Mr. Yojit Mehra and Mr.

Rishabh Jetly, Advocates.

versus ENERGY EFFICIENCY SERVICES LIMITED & ANR.

..... Respondents Through:

Mr. Tushar Jain, Ms. Kanika Gupta and Mr. Ramesh Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 17.05.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CM APPL. 29774/2024 (Exemption) in W.P.(C) 7147/2024 CM APPL. 29776/2024 (Exemption) in W.P.(C) 7148/2024 Allowed, subject to all just exceptions.

W.P.(C) 7147/2024 & CM APPL. 29773/2024 W.P.(C) 7148/2024 & CM APPL. 29775/2024 1.

The Petitioners have approached this Court primarily challenging the Debarment Order dated 17.01.2024 whereby the Petitioners had been debarred for a period of one year from participating in any tender of Respondent No.1, i.e., Energy Efficiency Services Limited (EESL). 2.

Material on record indicates that pursuant to the Debarment Order, the Petitioner gave a representation and the representation was finally considered, and by a Communication dated 08.04.2024, the Petitioner was informed that the period of debarment has been reduced from one year to three months, i.e. from 17.01.2024 to 16.04.2024. The period of debarment was over on 16.04.2024.

3.

Though the period of debarment is already over on 16.04.2024 yet the Petitioner has approached this Court challenging the Debarment Order on the ground that the Debarment Order has been passed in violation of the law laid down by the Apex Court in Gorkha Security Services v. Government (NCT of Delhi) and Ors., (2014) 9 SCC 105 and UMC Technologies Private Limited v. Food Corporation of India & Anr., 2021 (2) SCC 551. 4.

Learned Counsel for Respondent No.1 very fairly states that no Show Cause Notice was given to the Petitioner prior to the Order of Debarment. 5.

In view of the fact that no Show Cause Notice has been given to the Petitioner, the Impugned Debarment Order dated 17.01.2024 is set aside. 6.

However, it is always open for the Respondents to issue a fresh Show The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Cause Notice to the Petitioner intimating the Petitioner of the possibility of Debarment and proceed further in accordance with the law laid down by the Apex Court in Gorkha Security (supra).

7.

In view of the above, the writ petitions are disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J MAY 17, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.