M/S. Unique Enterprises v. Administration Of Dadra And Nagar Haveli And Daman And Diu And ANR
903.wp-2614-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2614 OF 2025 by URMILA PRAMOD INGALE Date:
2025.03.26 20:13:04 +0530 URMILA PRAMOD INGALE M/s. Unique Enterprises ... Petitioner
Versus
Administration of Dadra and Nagar Haveli and Daman & Diu and anr.
.... Respondents **** Mr. Zal T. Andhyarujina, Senior Advocate a/w Ms.Ishani Khanwilkar, Mr.Saurin Mehta, Mr.Krishal Patel i/b Ms.Prakruti Joshi, for the Petitioner.
Mr.Hiten Venegaonkar, for the Respondents.
**** CORAM : ALOK ARADHE, CJ & M.S.KARNIK, J.
DATE :
26th MARCH, 2025 P.C. :
1.
In this petition, the petitioner has assailed the validity of order dated 12th August 2024 by which the petitioner has been blacklisted for a period of one year.
2.
Learned Senior Counsel for the petitioner has assailed the validity of the aforesaid order on the following grounds: (i) The impugned order has been passed only on account of breach of terms and conditions of the contract which is impermissible in law.
Ingale
903.wp-2614-25.odt (ii) The order suffers from non-application of mind inasmuch as the stand of the petitioner has not been adverted in the impugned order.
(iii) The respondents ought to have appreciated that the terms and conditions to supply medicines under contract were amended subsequent to the issuance of show cause notice. 3.
Even though the assurances were given to the petitioner that the authorities would consider the withdrawal of the order of blacklisting, yet the same was not done.
4.
In view of the aforesaid submissions, learned counsel for the respondents prays for an adjournment to enable him to seek instructions and to state whether the respondents would consider withdrawal of the orders dated 12th August 2024 and 13th August 2024 blacklisting the petitioner.
5.
List on 01st April 2025 to enable learned counsel for respondents to seek instructions in this regard. (M.S.KARNIK, J.) (CHIEF JUSTICE) Ingale