S.C.DHARMADHIKARI, SHALINI PHANSALKAR JOSHI
Sarku Engineering Services SDN BHD – Appellant
Versus
Union of India – Respondent
Shalini Phansalkar-Joshi, J.
1. Rule. Rule made returnable forthwith. Respondents waive service. Heard finally by consent of the parties.
2. By this Petition, filed under Article 226 of the Constitution of India, the Petitioner is invoking extra-ordinary jurisdiction of this Court for issuance of writ of certiorari or writ in the nature of certiorari for quashing the order dated 4th January 2016 issued by Respondent No.2, banning the Petitioner from all future business dealings with Respondent No.2 on the ground that the Enquiry Officer, internally appointed by Respondent No.2, has come to the conclusion that the Petitioner was responsible for the delayed completion of the project for revamp of 26 Well Platforms.
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 Secretary, Ministry of Petroleum
M/s. Erusian Equipment and Chemicals Limited Vs. State of West Bengal & Anr. 2 (1975) 1 SCC 70
Raghunath Thakur Vs. State of Bihar AIR 1989 SC 620
Indian Oil Corporation Ltd. Vs. SPS Engineering Ltd. (2006) 128 DLT 417
Kulja Industries Limited Vs. Chief General Manager, Western Telecom Project
Union of India & Anr. Vs. Jesus Sales Corporation (1996) 4 SCC 69
Patel Engineering Ltd. Vs. Union of India & Anr. (2012) 11 SCC 257
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