Shree J B Grain Dealer Association v. The Union Of India Through Ministry Of Railway

402-WP-2274-2024 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2274 OF 2024 Shree J. B. Grain Dealer Association .. Petitioner

Versus

The Union of India, Through Ministry of Railway & Ors.

.. Respondents Mr. Nakul Jain a/w Nivit Srivastava, Amit Hailkar i/by Maniar Srivastava Associates for petitioner. Ms. Leena Patil for respondents.

Mr. K. K. Anand Gopal, Senior Section Engineer, Tender Section, Western Railway (Lower Parel Workshop) present.

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE:

22nd APRIL, 2024 P.C.:

1.

Heard the learned counsel representing the petitioner and Ms. Leena Patil, learned counsel representing the respondents.

2.

Learned counsel representing the respondents, on the basis of instructions received from Mr. K. K. Anand Gopal, Senior Section Engineer, Tender Section, Western Railway (Lower Parel Workshop), who is present in Court, has stated that the impugned order dated 5th January, 2024 shall be recalled and the petitioner shall be issued a fresh show-cause

402-WP-2274-2024 notice and further that depending on the reply/explanation which may be received to the show-cause notice to be issued afresh, the authority concerned shall pass a fresh order. 3.

Accordingly, the writ petition stands disposed of in terms of the statement made by the learned counsel representing the respondents on the basis of instructions received by her. The order dated 5th January, 2024 is, therefore, quashed with the liberty to the respondents to give a fresh show-cause notice inviting reply/explanation of the petitioner to the intended action of debarment where-after, on consideration of the reply/explanation to be submitted by the petitioner, the authority concerned shall pass a fresh order. (ARIF S. DOCTOR, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.04.22 17:07:01 +0530 PRAVIN DASHARATH PANDIT