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DELHI HIGH COURT
NAVIN CHAWLA
CJ Darcl Logistics Limited – Appellant
Versus
Oil and Natural Gas Corporation Limited – Respondent
| Table of Content |
|---|
| 1. challenge to banning order and security forfeiture. (Para 1 , 2) |
| 2. arguments against validity of banning order. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondent's counterarguments on collusion and authority. (Para 8 , 9 , 10 , 11 , 12) |
| 4. interpretation of integrity pact provisions. (Para 13 , 14 , 15 , 18) |
| 5. circumstantial evidence in collusion allegations. (Para 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. conditions for forfeiture of earnest money deposit. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 7. court's order on banning and refund. (Para 32) |
| 8. final orders and cost allocation. (Para 33 , 34) |
JUDGMENT
1. These petitions have been filed by the petitioners challenging the Communication dated 06.06.2018 of the respondent by which the petitioners were banned by the respondent from all business dealings with it, for a period of six months. The petitioners further challenge the communication dated 19.06.2018 by which their representation against the above mentioned banning order had been rejected. The petitioners also pray for refund of the amount of security/earnest money deposit forfeited by the respondent.
2. The respondent by Notice Inviting Tender, dated 15.09.2017, invite
Banning orders require proof beyond reasonable doubt of misconduct; otherwise, natural justice demands adherence to procedural fairness, especially in cases invoking penalties like forfeiture.
The court upheld the banning order based on the violation of the Integrity Pact and directed the refund of forfeited Security Deposit/Earnest Money Deposits, emphasizing the importance of adhering to....
Blacklisting of contractors requires adherence to contractual terms and principles of natural justice; actions taken post-contract expiration are unsustainable.
Bank guarantee represents an independent contract between bank and beneficiary, both parties would be bound by terms thereof.
Point of Law : It is a settled and well established principle of law that in contractual matters, unless there exists public element, patent perversity or mala fides, invocation of jurisdiction of th....
The time limit prescribed in Section 5 of the Tender Conditions, which required the bidder to declare any previous transgression occurred in the last 3 years with any other company in the country or ....
The disqualification of a bidder for violating the Integrity Pact is valid even if the transgression occurred more than three years prior to the tender, and the mere pendency of a criminal case canno....
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