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2008 Supreme(Guj) 2

ANANT S.DAVE
Electrosteel Infrastructure Services – Appellant
Versus
Gujarat Urban Development Co. Ltd. (GUDCL) – Respondent


Advocates:
Appearance :
Mr. K.S. Nanavati, Sr. Adv. for Nanavati Associates for the Petitioner No. 1.
Mr. J.R. Nanavati, for the Respondent No. 1.
Mr. A.R. Thacker, for the Respondent No. 2.

Judgment

A.S. Dave, J.—This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the action of Respondent No. 1 in blacklisting the petitioner vide order dated 20.02.2007 with regard to the work performed under contract No. GUDC/GEL/G-2-WSS-15(B11), entered into between the parties, on the ground of gross negligence, bad workmanship and serious lapse in due performance of responsibility on the part of the petitioner, as being illegal, unjust, unreasonable and arbitrary.

2. The petitioner company is Public Limited Company incorporated under the provisions of the Companies Act, 1956 and engaged in the manufacturing of Ductile Iron (DI) pipes. The petitioner is the turn key-EPC Projects Division of Electrosteel Casting Ltd. engaged in the implementation of world class water and waste water infrastructure management system.

3. The Respondent No. 1 is a company, incorporated under the provisions of the Companies Act, 1956 and is essentially a Government of Gujarat undertaking. Respondent No. 2 herein was a consultant appointed by the Respondent No. 1 and was at the relevant time exercising power and authority for and on behalf of the Respondent No.








































































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