Delhi High Court - Orders
M S Ace Integrated Solutions Pvt Ltd vs Union Of India & Ors on 15 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:16.03.2021 17:58:18
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3316/2021 & CM APPL. 10108/2021
M S ACE INTEGRATED SOLUTIONS PVT LTD..... Petitioner
Through: Mr. Prajesh Vikram Srivastava,
Advocate.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Rakesh Kumar, CGSC for
Respondent No.1 (M: 9811549455)
Mr. Jatin Puniyani, G.P (M:
9810102233)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.03.2021
1. None appears for Respondent No. 2 - ONGC, despite advance notice.
2. The Petitioner has filed the present petition challenging the inclusion of the Petitioner in the list of banned firms, as updated upto 9th February, 2021, published by Respondent No.2 - ONGC. As per the said list, the Petitioner has been banned for two years from entering into any contract with respondents or its subsidiaries with effect from 25th November, 2019 till 24th November, 2021.
3. The grievance of the Petitioner is that the contract in respect of which the Petitioner was banned, had already been satisfactorily completed by the Petitioner and completion certificate was issued on 26th August, 2013 by Respondent No. 2. The second grievance of the Petitioner is that the show cause notice which was issued in respect of the said ban was issued on 20th March, 2020, after the ban had already been put into effect. It is submitted Digitally Signed By:DINESH SINGH NAYAL Signing Date:16.03.2021 17:58:18 by counsel for the Petitioner that since the ban was prior to the show cause notice, the entire process is completely illegal and unlawful, especially because the contract is more than six years old and the completion certificate was duly issued to the Petitioner.
4. Ld. counsel for the Petitioner submits that the banning was never communicated to the Petitioner and it was only sometime in February, 2021 when the Petitioner was holding a meeting with one of their customers that the Petitioner was told about the banning and the Petitioner's inclusion in the list of banned firms.
5. Considering the fact that the banning preceded the show cause notice, as also in the light of the completion certificate issued to the Petitioner and a substantial period of the ban having already elapsed, the impugned banning order shall remain stayed till the next date of hearing.
6. Issue fresh notice to the ONGC. Counter affidavit be filed within six weeks. Rejoinder thereto, if any be filed within three weeks, thereafter.
7. List the matter before Registrar on 18th May, 2021.
8. List the matter before Court on 2nd August, 2021.
PRATHIBA M. SINGH, J MARCH 15, 2021 mw/AP