Gujarat High Court
M/S M V Omni Projects (India) Ltd. vs Vadodara Municipal Corporation ... on 3 August, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
C/SCA/8175/2021 ORDER DATED: 03/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8175 of 2021
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M/S M V OMNI PROJECTS (INDIA) LTD.
Versus
VADODARA MUNICIPAL CORPORATION THROUGH THE
COMMISSIONER
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Appearance:
ROHAN A SHAH(7497) for the Petitioner(s) No. 1
RUSHABH H SHAH(7594) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/08/2021
ORAL ORDER
1. Heard learned advocate Mr. Rushabh H. Shah on behalf of the petitioner. By way of this petition the petitioner challenges the orders passed by the respondent - Corporation dated 29.07.2019, whereby the petitioner has been black listed for a period of 10 years. Learned advocate Mr. Shah mainly relies on a contention that before passing of such an order which results in drastic consequences to the petitioner, an appropriate opportunity of hearing was not afforded to the petitioner. Learned advocate for the petitioner further points out that while it is stated in the order that a notice had been issued to the petitioner and the petitioner had been called upon to give his reply, to the issues raised in that, yet the petitioner has not availed the opportunity whereas, the learned advocate has submitted that in response to the letter dated 04.04.2019 issued by the Corporation, the applicants have submitted a detailed reply on 25.06.2019, which has not been taken into consideration. Learned advocate for the petitioner further submits that even the tenure of black listing is also extreme since it Page 1 of 2 Downloaded on : Sat Aug 07 10:13:46 IST 2021 C/SCA/8175/2021 ORDER DATED: 03/08/2021 is for 10 years inasmuch as learned advocate for the petitioner relies upon the decision of Hon'ble Supreme Court in the Case of Daffodills Pharmaceuticals Ltd. Vs. State of U.P. reported in 2019 SCC Online 1607 reiterated in case of Vetindia Pharmaceuticals Limited Vs. State of U.P. reported in (2021) 1 SCC 804, which it has been inter-alia observed that black listing beyond 3 years or maximum of 5 years was disproportionate.
2. Having regard to the submissions made by the learned advocate for the petitioner, issue Notice returnable on 07.09.2021.
(NIKHIL S. KARIEL,J) prk Page 2 of 2 Downloaded on : Sat Aug 07 10:13:46 IST 2021