Gujarat High Court
Suruchi Foods Private Limited vs Director - Icds & on 19 February, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, Mohinder Pal
C/SCA/1581/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1581 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
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1 Whether Reporters of Local Papers may be allowed to see
the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as
to the interpretation of the Constitution of India, 1950 or any
order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
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SURUCHI FOODS PRIVATE LIMITED....Petitioner(s)
Versus
DIRECTOR - ICDS & 1....Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Petitioner(s) No. 1
MR RINDANI AGP for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Page 1 of 4
C/SCA/1581/2014 JUDGMENT
Date : 19/02/2014
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The matter is taken up for hearing on a request made by learned advocate, Mr.Parthiv B.Shah for the petitioner.
2. Heard learned senior advocate, Mr.Saurabh Soparkar with Mr.Parthiv B.Shah for the petitioner.
3. Learned advocate invited the attention of the Court to same facts which he invited on 29th January, 2014 after which the Court passed the detailed order.
4. A copy of the order was given to learned AGP Mr.Rindani, for its onward communication. The matter was then adjourned. On 31.1.2014, the Court passed the following order:
"Pursuant to order dated 29.01.2014, Director, ICDS, Mr.Dinesh Patel is present before the Court. Learned AGP, Mr.Rashesh Rindani invited attention of the Court to pages 186, 192 and 199. Taking into consideration the submissions made by learned AGP, Mr.Rashesh Rindani it is deemed proper that those averments be placed on record by way of affidavit. The matter is adjourned to 05.02.2014".
5. The learned Assistant Government Pleader filed an affidavit-in-reply and tried to explain the contents Page 2 of 4 C/SCA/1581/2014 JUDGMENT of Annexure-N at page No.199. This Court recorded in its order dated 7.2.2014 that, "It is a settled law that contents of any document cannot be explained by an affidavit and cannot be the basis for correcting errors, if any. Learned AGP wants some more time to take instructions in the matter. Matter is kept on 12.02.2014".
6. On 12.2.2014, at the request of learned advocate for the petitioner, the matter is adjourned for today.
7. Learned AGP expresses his inability in the matter of convincing the officers to take constructive approach in the matter and deleting that remark which is made in communication at page No.18 i.e. certificate dated 30th October, 2013.
8. The matter requires consideration. Hence, RULE.
9. Learned AGP Mr.Rindani waives service of rule.
10. At the request of learned senior advocate for petitioner, the matter is taken up for final hearing. Having heard learned senior advocate for the petitioners, having taken into consideration the affidavit in reply and taking into consideration the fact that the Authorities are not able to justify the remark which is made in the communication dated 30th October, 2013, for the reasons, which are partly set out in order dated 29th January, 2014 and in light of the fact that the remark made in the communication cannot be explained by the affidavit and it ought to have been justified by setting out the reasons, the Page 3 of 4 C/SCA/1581/2014 JUDGMENT petition is allowed. The remark made in communication dated 30th October, 2013. which reads as under is quashed and set aside.
"As per the tender enquiry mentioned above, during the tenure of supply the agreement of Ms.Suruchi Foods Private Limited, NOIDA, UP was foreclosed due to prolonged delay in production and supply".
11. The Authorities are directed to issue fresh certificate without incorporating the aforesaid remark which is quashed by this Court as early as possible but not later than 15 days from today.
12. Rule made absolute. Direct service is permitted.
(RAVI R.TRIPATHI, J.) (MOHINDER PAL, J.) ashish Page 4 of 4