Madhya Pradesh High Court
M/S Air Perfection vs The State Of Madhya Pradesh on 19 January, 2016
WP-1022-2016
(M/S AIR PERFECTION Vs THE STATE OF MADHYA PRADESH)
19-01-2016
Shri Vivek Rusia, learned counsel for the petitioner.
Heard on the question of admission.
Issue notice to the respondents on payment of PF within a week.
Learned counsel for the petitioner submits that the petitioner was allotted a contract for supply, installation, testing and commissioning of Passenger Elevator at Nirman Bhawan, Arera Hills, Bhopal. As per the terms of the agreement the guarantee regarding equipment was for a period 12 months from the date of taking over the installation from the respondents-department in regard to unsatisfactory performance and/or break down due to defective design, workmanship or material. He submits that the period of one year has already expired and the petitioner has been made all the payments by the respondents- department in regard to the said installation. After expiry of one year of the installation and when the guarantee period was over, the respondents have contracted with another company, who are manufacturer of the elevator for annual maintenance. Thus, the maintenance of the elevator is not to be done by petitioner but is to be done by the agency to whom the contract for the same has been given. In spite of that the respondents have issued a show cause notice dated 29.9.2015 (Annexure-P/13) to the petitioner for blacklisting him. He submits that in view of the aforesaid facts issuance of the show cause notice to the petitioner is wholly without jurisdiction and the same is liable to be quashed.
In view of the aforesaid submissions, by way of interim order it is directed that till the next date of hearing, no action be taken against the petitioner in pursuance to the show cause notice dated 24.9.15 (Annexure-P/13) in respect of the proposed blacklisting. C.C. as per rules.
(SHANTANU KEMKAR) JUDGE