VIBHU BAKHRU, J.

CM No.22895/2017

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 5438/2017 & CM No.22894/2017

3. Issue notice. The learned counsel for the respondent accepts notice.

4. With the consent of the parties, the petition is taken up for final hearing.

5. The petitioner has filed the present petition, inter alia, impugning the communication/order dated 02.03.2017 (hereafter “the impugned order”) issued by the respondent as being arbitrary and against the principles of natural justice.

6. The controversy in the present case concerns the question whether the respondent could ban the petitioner from participating in tenders and from entering into any transactions with the respondent for a period of three years on account of the petitioner having failed to accept the Advance Purchase Orders (APOs) placed on the petitioner. The APOs in question were issued pursuant to a tender submitted by the petitioner in response to a notice inviting tender dated 24.06.2016 (hereafter “the NIT”).

7. The respondent had issued the NIT for inviting bi