Suyog Telematics Limited v. The Maharashtra State Road Development Corporation (Msrdc)

2024:BHC-OS:2921-DB 14.WP3035 _2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3035 OF 2023 Suyog Telematics Ltd.

... Petitioner

Versus

The Maharashtra State Road Development Corporation (MSRDC) & Anr.

...Respondents

Mr. Shanay Shah a/w. Mr. Vijay Dighe for the petitioner. Mr. Saket More a/w. Mr. Shrey Shah i/b. Vidhi Partners for respondent no. 1.

Ms. Nazia Sheikh, AGP for respondent no. 2.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

21 February, 2024 _______________________ P.C.

1.

Rule. Returnable forthwith. Respondents waive service, by consent of the parties heard finally.

2.

This petition is filed assailing the order dated 27 February, 2023 passed by respondent no. 1 whereby the petitioner-company has been blacklisted and is prohibited from participating in any of the tenders issued by respondent no.

1. The basic grievance of the petitioner is that such orders have been passed without the petitioner being heard.

21 February, 2024

14.WP3035 _2023.DOC 3.

Considering the settled position in law as laid down by the Supreme Court in Erusian Equipment & Chemicals Ltd. vs. State of West Bengal1, Southern Painters Vs. Fertilizers & Chemicals Travancore Ltd. & Anr.2 and Gorkha Security Services vs. Government (NCT of Delhi) & Ors.3, no order blacklisting the petitioner could have been passed without the petitioner being granted an opportunity of a hearing following the principles of natural justice. Thus, per se the impugned order is bad and illegal. It is accordingly required to be set aside. We accordingly remand the matter to the authority with a direction to follow due procedure in law by issuing a show cause notice to the petitioner and after granting an opportunity of hearing to the petitioner, pass an order in accordance with law. All contentions of the parties are expressly kept open.

4.

Rule is made absolute in the above terms. No costs (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 1 (1975) 1 SCC 70 2 AIR 1994 SC 1277 3 (2014) 9 SCC 105 21 February, 2024 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 23/02/2024 11:58:13