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2017 Supreme(Del) 2661

VIBHU BAKHRU
New Grow Software Solutions (P) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amit Anand Tiwari, Ms. Vishakha
For the Respondent: Mr. Nawal Kishore Jha, Mr. Rajendra Prasad

ORDER :

Vibhu Bakhru, J.

1. The petitioner has filed the present petition, inter alia, impugning an order dated 23.09.2016 (hereafter 'the impugned order') whereby the petitioner has been debarred from participating in the tender process or entering into any contract/sub contract for a period of three years by the Ministry of Finance (respondent).

2. The petitioner had submitted its bid pursuant to a notice inviting tender dated 09.09.2010 issued by the respondent for providing data entry operators and peons. The petitioner's bid was accepted and it was awarded the contract for providing 50 data entry operators and 14 peons by the respondent on 22.11.2010. The said contract was extended from time to time and finally concluded on 29.02.2012.

3. In terms of the contract, the petitioner was responsible for complying with all statutory requirements and payment of all statutory dues including the payment of dues of EPF, ESI and service tax.

4. It is stated that the petitioner deposited the service tax dues, however, was not regular in depositing the EPF dues of the employees. Counsel for the petitioner states that this was so because the respondent had withheld its payments.

5. Nonetheless, t
































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