Madhya Pradesh High Court
Theme Engineering Services Private ... vs Ministry Of Road Transport And Highways on 26 May, 2022
Author: Maninder S Bhatti
Bench: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 11546 of 2022
(THEME ENGINEERING SERVICES PRIVATE LIMITED Vs MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS AND OTHERS)
Dated : 26-05-2022
S h r i Naman Nagrath, learned Senior Advocate with Shri Siddharth
Shrivastava, counsel for petitioner.
Shri Vikas Gupta, learned counsel for respondent No.1.
T he petitioner has challenged the order dated 02.05.2022 contained in Annexure P/1 by which the petitioner has been debarred to participate in future tenders for a period of two years.
Learned Senior Advocate has placed reliance upon the decision of Hon'ble Supreme Court in Gorkha Security Services vs. Government (NCT of Delhi) and others reported in (2014) 9 SCC 105 and submits that the petitioner was not issued any show cause of black listing before passing the impugned order. Learned counsel further submits that the alleged show cause which is contained in Annexure P/9, no where speaks about the proposed action as regards the debarment or black listing. Counsel also submits that in an identical case, the Co-ordinate Bench vide order dated 19.05.2022 in W.P.No.11826/2022 has stayed the impugned order in that petition.
Therefore, while keeping in view the parity, the order dated 02.05.2022 (Annexure P/1) shall remain stayed till the next date of hearing.
Issue notice to the respondents No.2 and 3 on payment of process fee within seven working days by both mods.
Learned counsel for the petitioner is directed to supply a copy of petition alongwith annexed documents to the counsel for the respondent No.1 within three working days.
2Post the case on 15.06.2022 along with W.P.No.11826/2022, W.P.No.11494/2022 and W.P.No.12087/2022.
(MANINDER S BHATTI) V. JUDGE sp SAVITRI PATEL 2022.05.28 13:28:48 +05'30'