M/S Webfil Ltd And ANR v. Union Of India And ORS.

D/L. 4.

September 26, 2023.

MNS.

WPA No. 6526 of 2023 + CAN 1 of 2023 M/s. Webfil Limited and another Vs.

Union of India and others Mr. S. N. Mookherjee, Mr. Soumya Majumder, Ms. Sharmistha Ghosh, Mr. Subhrojyoti Mookherjee ... for the petitioners.

Mr. Swatarup Banerjee, Mr. Sukanta Ghosh ...for the respondent nos. 2 to 7.

1. Learned Advocate General appearing for the petitioners submits that, in the meantime, pursuant to the purported legal opinion obtained by the respondent authorities, work orders have been issued to the petitioners.

2. It is submitted that by virtue of such issuance, the impugned debarment and all consequential orders go.

3. Learned counsel for the respondent authorities agrees to such proposition.

However, it is submitted that in future, the right of the respondent authorities to debar the petitioners, if occasion so arises, upon

complying with due formalities and principles of natural justice, including service of prior notice, may not be effected by the disposal of the present writ petition.

4. It will be premature at this juncture to contemplate a situation when further debarment would be necessary.

5. However, obviously, the present dispute only pertains to the debarment which has been challenged in the writ petition.

6. In view of the work orders having now been issued in favour of the petitioners, nothing remains in the impugned debarment and all consequential orders to sustain the writ petition further.

7. Accordingly, WPA No. 6526 of 2023 along with CAN 1 of 2023 are disposed of, thereby setting aside the impugned debarment of the petitioners and all consequential orders and steps taken in terms thereof.

8. There will be no order as to costs.

9. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)