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 be resolved by arbitration and therefore, the Petitioner ought to invoke the same.

4. A perusal of the show cause notice dated 4th March, 2020, shows that after setting out the allegations against the Petitioner, the BSES has basically stated that there maybe termination and blacklisting of the