Indian Oil Corporation Ltd. vs Sps Engineering Ltd. on 3 March, 2006
10. Unlike the facts in Mekaster Trading Corporation v. Union of
India and Indian Oil Corporation Ltd. v. SPS Engineering Ltd., it
cannot be said that no reasons have been given in the instant case for
blacklisting the Petitioner. The charge that forgery was committed of
the End User Certificate, purportedly issued by the NSG, is a serious
matter and could not have been overlooked in the interests of national
security. Also, unlike the facts in R. K. Machine Tools and TSL
Defence Technology, the FIR registered in the instant case has
progressed to a criminal trial which is at the stage of prosecution
evidence. Consequently, the reason cited for the MOD for deciding to
stop dealing with SCL cannot be said to be unjustified or arbitrary in
the facts and circumstances of the case.