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3. Facts relevant for deciding this Writ Petition can be stated as follows:-

Petitioner is a part of the Sapura Kencana Group, which is a Limited Company and is listed on the Stock Exchange of Malaysia. According to the Petitioner, it is the world's largest integrated providers of engineering, procurement, construction, installation and commissioning services to the Oil and Gas Industry. First Respondent is a Union of India, through the WP-913-16.doc Secretary, Ministry of Petroleum and Natural Gas, and exercises administrative control and supervision. Second Respondent is a Public Sector Undertaking and contributes the overwhelming majority of the India's crude oil and natural gas production.

book. The relevant portion of the ban order can be reproduced as follows :-

"AND WHEREAS the Enquiry Officer, after considering the records available and having given an impartial, prudent and careful consideration to the entire facts of the case submitted its report dated 16.03.2015, and concluded that M/s. Sarku Engineering Services SDN BHD, Malaysia can be held primarily responsible for the major delay against the contract. The Enquiry Officer in its report has also brought out that timely completion is one of the major performance parameter of any project and the contractor has failed miserably in completing the project within the scheduled time period. As such, the Enquiry Officer concluded that it is a case of unsatisfactory performance and hence WP-913-16.doc recommended for banning future business dealings with the contractor viz. M/s. Sarku Engineering Services SDN BHD, Malaysia.
NOW THEREFORE, having carefully considered the findings of the Enquiry Officer by the Committee of Directors and also having considered all the facts and circumstances of the case, ONGC has decided to stop all future business dealings with M/s. Sarku Engineering Services SDN BHD, Malaysia with immediate effect from the date of issue of this order. Other group of companies of M/s. Sarku Engineering including its allied concerns, partners or associates or directors or proprietors involved in any capacity are not considered for banning. Therefore, in the future, neither any tender enquiry will be issued to M/s. Sarku Engineering Services SDN BHD, Malaysia by ONGC against any type of tender nor will their bid be considered by ONGC against any on-going tender(s) wherever contract between ONGC and M/s. Sarku Engineering Services SDN BHD, Malaysia has not been finalized."