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DELHI HIGH COURT
PRATHIBA M.SINGH
Elecon Power Infra Ltd. – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner's blacklisting challenged for lack of notice. (Para 2 , 5 , 6 , 7) |
| 2. parties present arguments on blacklisting notice. (Para 3 , 11) |
| 3. requirements for valid blacklisting notice established. (Para 4 , 8 , 9 , 10) |
| 4. court sets aside blacklisting order. (Para 12 , 13) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.
2. The Petitioner has filed the present petition challenging the impugned notice dated 31st October, 2020, by which the Petitioner has been blacklisted by the BSES Rajdhani Power Ltd. (hereinafter as `BSES'), and debarred from performing/participating/associating with the BSES for a period of three years, w.e.f 1st November, 2020, citing gross breach of the Vendor Code of Conduct of BSES.
3. The submission of Ms. Nandini Sen, ld. counsel for the Petitioner, is that the said act of blacklisting has been done without proper notice being given to the Petitioner. Mr. Narender Hooda, ld. Senior counsel for the Respondent, on the other hand, submits that the Rate Contracts between the Petitioner and the Respondent contain a clause laying down a dispute resolution mechanism, which provides for disputes to b
A valid blacklisting order requires clear communication of intent and grounds, ensuring the affected party's right to a fair opportunity to respond.
The court emphasized the importance of providing a clear and proper opportunity to the party being blacklisted to explain and take remedial measures before being debarred or blacklisted.
The main legal point established in the judgment is that a valid, particularized, and unambiguous show-cause notice is essential for decisions pertaining to blacklisting, and a failure to do so would....
Issuing a show cause notice with premeditation and expressing a predetermined mind renders the notice invalid.
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
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