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ARUP KUMAR GOSWAMI, SANJAY AGRAWAL
BST Infratech Limited – Appellant
Versus
Chhattisgarh State Power Transmission Company Limited – Respondent
JUDGMENT :
SANJAY AGRAWAL, J.
1. By way of this petition filed under Article 226 of the Constitution of India, the petitioner is questioning the legality and propriety of the order dated 06.07.2022 (Annexure P/12) passed by the respondents-Chhattisgarh State Power Transmission Company Limited (hereinafter referred to as the CSPTCL) in so far as it relates to termination and debarring the Petitioner for a period of 2 years from participating in future tenders with its Company, i.e. CSPTCL.
2. Learned counsel appearing for the petitioner on 08.09.2022 submitted, as recorded in the order, that the only issue involved in this petition is as to whether the respondents are justified in blacklisting the petitioner for a period of two years or not.
3. Briefly stated the facts of the case are that the Respondent No. 1 floated an e-tender Notice No. 1409 dated 29.10.2021, Tender No. TR-21/05 for the works of “construction of 132/22 KV sub-station at Betar, District Bemetara, sub-station comprising 2 Nos. 132/33 KV, 40 KVA Power Transformer, 5 Nos. 132 KV bays and 9 Nos. 33 KV bays on turnkey
The court upheld the validity of debarment and encashment of Performance Bank Guarantee due to non-performance by the petitioner under the contract, emphasizing adherence to tender conditions.
Point of Law : Clause 9 of Circular of the MEITY, the agency which had called for the bids was required to make calculations in accordance with a particular prescribed formula “so as to validate asse....
. It is trite to note that the decision of authority is based on the terms of tender wherein it has been kept open for the authority to debar the petitioner for the period of two years or more. It is....
Blacklisting a contractor without a fair hearing violates principles of natural justice, rendering such actions invalid, while the termination of the contract for non-compliance with security require....
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
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