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2016 Supreme(Bom) 318

S.C.DHARMADHIKARI, G.S.PATEL
ANCHOR OFFSHORE SERVICES LTD. – Appellant
Versus
OIL & NATURAL GAS COPORATION LTD. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Viraag Tulzapurkar, Senior Counsel, a/w Mrs. Anita Castelino, Mrs. Alisha Lambay, Mr. Vikas K. Singh, i/b M/s. Lambay & Co.
For the Respondents Nos. 1 TO 5:Mr. Kevic Setalvad, Senior Advocate, a/w Ms. Daisy Dubash, Mr. J. P. Kapadia, Mr. O. Mohandas, i/b M/s. Little & Co.
For the Respondent No. 6: Mr. D. P. Singh
For the Respondent No. 7: Mr. H. S. Venegaonkar, AGP.

JUDGMENT:

G.S. Patel, J.

1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith and the Petition is taken up for hearing and disposal. We have heard Mr. Tulzapurkar, learned Senior Counsel for the Petitioner and Mr. Setalvad, learned Senior Counsel for Respondents Nos. 1 to 5. We have considered their respective submissions and, with their assistance, the material on record.

2. The challenge in this Writ Petition brought under Article 226 of the Constitution of India is to what is effectively a blacklisting order dated 5th November 2015 passed by the 2nd Respondent, the Executive Director of the 1st Respondent, the Oil and Natural Gas Corporation Limited (“ONGC”). By this order, Exhibit “A”, pages 86 to 87A, the Petitioner (“Anchor”) has been banned from all business dealings with ONGC for two years. The ostensible reason for this ban is that Anchor allegedly violated an “Integrity Pact”, a formal and binding contract between Anchor and ONGC. The impugned order in terms states that no tender inquiry is to be issued to Anchor or any of its allied concerns, partners, associates, directors or proprietors for any ongoing or future tenders during the period of th
































































































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