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M/S Gupta Freight Carrier vs The Executive Director, Fci on 13 May, 2022

Bench: Dinesh Maheshwari, Aniruddha Bose

                                                            1

     ITEM NO.11                                  COURT NO.13                    SECTION IX

                                       S U P R E M E C O U R T O F         I N D I A
                                               RECORD OF PROCEEDINGS

     Petition for Special Leave to Appeal (C)                        No.    8496/2022

     (Arising out of impugned final judgment and order dated 05-04-2022
     in WP No. 2055/2021 passed by the High Court of Judicature at
     Bombay at Nagpur)

     M/S GUPTA FREIGHT CARRIER                                                  Petitioner(s)

                                                           VERSUS

     THE EXECUTIVE DIRECTOR, FCI & ANR.                                         Respondent(s)

     (FOR ADMISSION and I.R. and IA No.68882/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.68991/2022-EXEMPTION FROM
     FILING O.T. )

     Date : 13-05-2022 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE DINESH MAHESHWARI
                               HON'BLE MR. JUSTICE ANIRUDDHA BOSE

     For Petitioner(s)                     Mr. Dhruv Mehta, Sr. Adv.
                                           Mr. Kishor Lambat, Adv.
                                           Mr. Milind Vaishnav, Adv.
                                           Mr. Sachin Pahwa, Adv.
                                           M/S. Lambat & Legiteam, AOR
     For Respondent(s)

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

Mr. Dhruv Mehta, learned senior counsel appearing for the petitioner submits that essentially the grievance of the petitioner against the impugned order dated 05.04.2022 is that while leaving the matter open for consideration by the respondent- FCI as regards debarment, the Court has limited the consideration only to the Signature Not Verified period of debarment and has not left all the relevant aspects open, Digitally signed by Rajni Mukhi Date: 2022.05.13 18:57:33 IST Reason: including the aspect as to whether debarment was at all justified and requisite in this matter?

Issue notice for consideration of the limited question as noticed above.

Having regard to the circumstances of the case, it is also considered appropriate and hence provided that the petitioner, if so desirous, may be allowed to participate in the future tender processes of the respondent- FCI, subject to the final orders to be passed in this petition.

(SHRADDHA MISHRA)                                     (RANJANA SHAILEY)
SENIOR PERSONAL ASSISTANT                              COURT MASTER (NSH)