Delhi High Court - Orders
Rhonpal Biotech Pvt. Ltd vs New Delhi Municipal Council & Ors on 22 June, 2020
Author: Rekha Palli
Bench: Rekha Palli
$~1(A)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3642/2020, & CM APPL. 12986/2020
RHONPAL BIOTECH PVT. LTD ....Petitioner
Through: Mr. Jayant Mehta, Ms. Tejaswi
Shetty, Mr. Sougat Mishra,
Ms.Vedika Pareek, Ms. Anu
Srivastava and Mr. Aditya Wadhwa,
Advs.
Versus
NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondent
Through: Mr. Anil Grover, Standing Counsel
along with Mr. Mishal Vij, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 22.06.2020 W.P.(C) 3642/2020, CM APPL. 12985/2020 (stay)
1. This is a writ petition under Article 226 of the Constitution of India seeking the following relief:-
(a) Issue a writ or order or a direction quashing the letter of Blacklisting dated 21.02.2020 issued by the Director, NDMC (AYUSH), Respondent No.2;
(b) Issue award or order or direction directing the refund of the Earnest Money Deposit made by the petitioner with the respondent, through FDR No.827117 dated 16.12.2017 for the amount of Rs.2,58,718/-
(c) Issue a writ or order or direction staying the operation of the Letter of Blacklisting dated 21.02.2020 during the pendency of the instant Writ Petition.
(d) Award costs in favour of the Petitioner.
2. Learned counsel for the petitioner submits that the impugned order of blacklisting, besides being unreasoned, has been passed by one Ms. Kamlesh Gupta even though the personal hearing to the petitioner in terms of this court's earlier order, by setting aside a similar order of blacklisting, was given by Dr. Ranbir Singh. He further contends that the impugned order imposes a wholly disproportionate penalty without even dealing with the explanation given by the petitioner and is therefore liable to be set aside.
3. Issue notice. Mr. Grover, Advocate accepts notice on behalf of the respondent. He prays for and is granted two weeks' time to file reply. Rejoinder thereto, if any, be filed within two weeks thereafter.
4. List on 16.07.2020 along with WP (C) 3588/2020 which as per the learned counsel for the respondent is raising a similar issue.
REKHA PALLI, J JUNE 22, 2020 sdp