Integrated Service Point Pvt Ltd, v. Tamil Nadu Civil Supplies Corporation
OA NO. 972 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2025
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE OA No. 972 of 2024 Integrated Service Point Pvt Ltd, Rep. by its Director, K.Ramanath Apparao, 6C, Gaiety Palace, Door No. 1/L, Blackers Road, Chennai 600 002.
Applicant(s) Vs Tamil Nadu Civil Supplies Corporation Rep.by the Managing Director TNCSC Head Office, CMRL Office Campus, Poonamallee High Road, Koyambedu, Chennai 600 017.
Respondent(s) For Applicant(s): Mr.S.Manuraj For Respondent(s): M/s D.Ravichander
ORDER
This application has been filed seeking for an omnibus order of interim injunction. However, the learned counsel for the applicant would now submit on instructions that the applicant will be satisfied if due procedure established under law is followed by the respondent, if the respondent desires to blacklist the applicant.
2. Learned counsel for the respondent drew the attention of this Court to Clauses 22(d) to (f) of the contract which is the subject matter of dispute between the applicant and the respondent and would submit that the applicant is
bound by contractual obligations. However, he would submit that only in accordance with law, if at all the respondent is desirous of blacklisting the applicant, the blacklisting order will be issued against the applicant.
3. The law is now well settled with regard to blacklisting of a party. Before blacklisting a party, necessarily, a show cause notice has to issued calling for an explanation from the party as to why he or she should not be blacklisted. Only thereafter, if the explanation is not satisfactory, blacklisting order can be passed. The only relief that can be granted in this application is to direct the respondent to follow the due procedure established under law for blacklisting the applicant by issuing a show cause notice to the applicant. Necessarily, the above procedure has to be followed by the respondent if at all, the respondent is desirous of blacklisting the applicant.
4. Since the applicant is also not pressing for the other directions sought for in this application, this Court is not considering the same in view of the fact that the said directions sought for are omnibus directions which cannot be granted in a Section 9 Application and if at all, it can be granted only by the Arbitrator as and when the arbitrator is appointed.
5. The only limited relief that is granted by this Court in this application is to direct the respondent to follow the due procedure established under law before proceeding to blacklist the applicant if they so desire, by issuing show
cause notice to the applicant calling for an explanation within a stipulated time and on receipt of the said explanation, the respondent shall consider the said explanation on merits and in accordance with law and only thereafter, decide as to whether the applicant can be blacklisted or not for the alleged contractual violations committed by them.
6. With the aforesaid directions, this application is disposed of. 12.03.2025 vsi To Tamil Nadu Civil Supplies Corporation Rep.by the Managing Director TNCSC Head Office, CMRL Office Campus, Poonamallee High Road, Koyambedu, Chennai 600 017.
ABDUL QUDDHOSE,J.
vsi O.A.No.972 of 2024 12.03.2025