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M/S Sphere Thermal System Pvt. Ltd. New Delhi Thru. Its Director Sri Krishna Kumar Singh v. U.P. State Road Transport Corporation Lko. Thru. Its Managing Director and Others

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
30 November 2023
Bench
Vivek Chaudhary, Manish Kumar
Case no.
WRIC 10446/2023

Judgment

Court No. - 3 Case :- WRIT - C No. - 10446 of 2023 Petitioner :- M/S Sphere Thermal System Pvt. Ltd. New Delhi Thru. Its Director Sri Krishna Kumar Singh Respondent :- U.P. State Road Transport Corporation Lko. Thru. Its Managing Director And Others Counsel for Petitioner :- Sudama Prasad,Rakesh Srivsatava Counsel for Respondent :- Ratnesh Chandra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for parties.

¶2Petitioner has approached this Court challenging the order dated 29.8.2023 whereby security of petitioner's firm is seized by the respondents as well as his contract is closed and his firm is blacklisted.The petitioner is challenging the impugned order to the extent that his firm is blacklisted.

¶3Learned counsel for petitioner submits that the impugned order is passed without giving any notice or opportunity of hearing to the petitioner and the notice, which was given to the petitioner, was only for cancellation of contract and lodging of FIR.

¶4Sri Ratnesh Chandra, learned counsel for respondents, also could not show from the record that the notice contains any reference of blacklisting.

¶5Though by the impugned order, petitioner's firm is blacklisted, but it appears that such an order is passed without describing any period. In the aforesaid circumstances, the impugned order cannot stand.

¶6Thus, the impugned order dated 29.8.2023 is set aside to the extent that petitioner's firm is blacklisted by the respondents. It goes without saying that the respondents can, in case they so desire, issue a fresh notice to the petitioner with regard to blacklisting.

¶7The writ petition stands allowed. [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 30.11.2023 Sachin High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.