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Punjab-Haryana High Court

Pristine Logistics And Infraprojects ... vs Food Corporation Of India Thou The ... on 11 May, 2018

Bench: Ajay Kumar Mittal, Tejinder Singh Dhindsa

CWP No.11903 of 2018 (O&M)                                1


              IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH
                                     CWP No.11903 of 2018 (O&M)
                                      Date of Decision: 11.05.2018

Pristine Logistics and Infraprojects Pvt. Ltd.
                                                                 ... Petitioner

                                 Versus

Food Corporation of India and another

                                                              ... Respondents

CORAM:-HON'BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA

Present:-   Mr. Chetan Mittal, Senior Advocate with
            Ms. Meenakshi Dogra, Advocate and
            Mr. Udit Garg, Advocate,
            for the petitioner.

AJAY KUMAR MITTAL, ACJ.(ORAL)

The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking issuance of a writ, order or direction in the nature of certiorari for setting aside/quashing the letter dated 13.05.2016 (Annexure P-1) to the extent of debarring/blacklisting the petitioner for a period of 05 years from future tenders being totally illegal and without jurisdiction. Further prayer has been made to direct the respondents to refer the matter to the Dispute Redressal Committee in terms of Clause XVIII (B).

2. A perusal of the writ petition shows that petitioner had approached the Civil Court at Panchkula under the Provisions of the Arbitration and Conciliation Act for referring the matter to the Dispute Redressal Committee. Learned Senior Counsel for the petitioner undertakes that petition filed before the Civil Court at Panchkula under Section 8 of Arbitration and Conciliation Act shall be withdrawn.

3.. Learned counsel for the petitioner has submitted that for the relief claimed in the writ petition, the petitioner had moved a 1 of 2 ::: Downloaded on - 20-05-2018 10:02:07 ::: CWP No.11903 of 2018 (O&M) 2 letter/representation dated 15.02.2018 (Annexure P-20) to respondent No.2, but no action has so far been taken thereon. However, he prayed that direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.

4. After hearing learned senior counsel for the petitioner, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.2 to decide the representation dated 15.02.2018 (Annexure P-20) filed by the petitioner in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a period of one month from the date of receipt of a certified copy of this order.

(AJAY KUMAR MITTAL) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) 11.05.2018 JUDGE vandana Whether speaking/reasoned Yes/No Whether Reportable Yes/No 2 of 2 ::: Downloaded on - 20-05-2018 10:02:08 :::