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2013 Supreme(Cal) 500

SANJIB BANERJEE
BMW Ventures Limited – Appellant
Versus
Export Credit Guarantee Corporation of India Limited – Respondent


Advocates Appeared:
For the Petitioners:Sumon Dutta, Prasenjit Pal, K. Saha, Advocates.
For the Respondents:A. Ghose, S.S. Bose, S. Datta, U. Pramanik, Advocates.

JUDGMENT

Sanjib Banerjee, J.

The legal issue that has arisen in this petition under Article 226 of the Constitution of India is whether the inclusion of the name of the petitioner company in a special list maintained by the first respondent corporation amounts to the petitioner company being blacklisted. If the placement of a person’s name on the specific approval list (SAL) is deemed to be the blacklisting of such person, the writ of prohibition as sought has to be issued to quash the decision since it is the undeniable position that the petitioner company had not been afforded an opportunity to present its defence prior to its name being placed on the SAL. If the inclusion of a name in the SAL is not perceived to be the blacklisting of such person, it has then to be assessed whether the respondent corporation has been arbitrary in its decision to include the name of the petitioner company in the SAL.

The second petitioner, who is a director of the petitioner company, appears to be the principal person in control of several commercial entities and may be regarded as the controlling mind of the several group companies. Two other companies under the control of the second petitioner


























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