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2018 Supreme(Guj) 855
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.R. BRAHMBHATT, R.P. DHOLARIA, JJ.
Shivranjani Constructions Co - Appellant
Vs.
Paschim Gujarat Vij Company Limited - Respondent
Special Civil Application No. 21983 of 2017, 21984 of 2017
Decided On : 07-08-2018
Mihir Joshi, Adv., Salil M Thakore, Adv., Lilu K Bhaya, Adv.
Headnote:
Constitution of India - Article 226 - Electricity Act, 2003 - Electricity Supply - Controversy involved in both the petitions are similar in nature, learned counsels appearing for the parties have requested the Court to hear both the matters together and dispose of the same by common judgment and order and accordingly, both the matters are heard together and they are being disposed of by this common judgment and order - Held, Court needs to be mindful of the fact that the FIR has not been quashed by this Court and it has culminated into filing of charge-sheet - In view of this development, Court are of the considered view that the observations made hereinabove shall have no bearing upon the criminal proceedings nor would those observations preclude the respondents from seeking any appropriate remedy permissible under law against the petitioners and in such an eventuality the observations of this Court made hereinabove shall have no bearing upon those proceedings and the same shall be decided without being influenced of the observations made hereinabove - Respondent shall not withhold the permissible and admissible dues to the petitioners in respect of the other contractual work undertaken by the petitioners with the company - Respondent shall also not prevent the petitioners from participating in other tender proceedings - It would be open to the respondents to initiate blacklisting proceedings, in case if the outcome of criminal proceedings is against the present petitioners, in accordance with the prevalent guidelines and provisions of law - Petition disposed of. (Paras 17, 18)
S.R. Brahmbhatt, J.
Heard learned counsels for the parties. As the facts and controversy involved in both the petitions are similar in nature, learned counsels appearing for the parties have requested the Court to hear both the matters together and dispose of the same by common judgment and order and accordingly, both the matters are heard together and they are being disposed of by this common judgment and order.
2. The petitioners in both these petitions have approached this Court by way of these petitions under Article 226 of the Constitution of India for the following relief’s: Prayer in S.C.A. No. 21983 of 2017.
"(A) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside notices dated 12.7.2017 and 24.8.2017 issued by the Respondents to the Petitioner and restricting the Respondents from taking any further proceedings against the Petitioner;
(B) That the Hon'ble Court be pleased to issuing a writ of or in the nature of mandamus commanding the Respondents:-
(i) to allow the Petitioner to do work without any obstruction and without imposing any unreasonable demands;
(ii) to process the tenders in which the Petitioner has participated or participates and award work orders with respect to tenders where the Petitioner is found to be the lowest bidder;
(iii) to make payments to the Petitioner for all works done by it or which may be done by it in the future;
(C) That pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to stay notices dated 12.7.2017 and 24.8.2017 issued by the Respondents to the Petitioner and be pleased to direct that no coercive steps be taken against the Petitioner;
(D) That pending the hearing and final disposal of this petition, the Hon'ble Court be direct the Respondents :-
(i) to allow the Petitioner to do work without any obstruction and without imposing any unreasonable demands;
(ii) to process the tenders in which the Petitioner has participated or participates and award work orders with respect to tenders where the Petitioner is found to be the lowest bidder;
(iii) to make payments to the Petitioner for all works done by it or which may be done by it in the future;
(E) For ad-interim relief in terms of prayer C and D;
(F) For costs;
(G) For such other and further relief’s as the Hon'ble Court may deem just and proper in the facts and circumstances of the case;" Prayer in S.C.A. No. 21984 of 2017
"(A) That the Hon'ble Court be pleased to issue a writ of or in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside notices dated 12.7.2017 issued by the Respondents to the Petitioner and restricting the Respondents from taking any further proceedings against the Petitioner;
(B) That the Hon'ble Court be pleased to issuing a writ of or in the nature of mandamus commanding the Respondents:-
(i) to allow the Petitioner to do work without any obstruction and without imposing any unreasonable demands;
(ii) to process the tenders in which the Petitioner has participated or participates and award work orders with respect to tenders where the Petitioner is found to be the lowest bidder;
(iii) to make payments to the Petitioner for all works done by it or which may be done by it in the future;
(C) That pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to stay notices dated 12.7.2017 issued by the Respondents to the Petitioner and be pleased to direct that no coercive steps be taken against the Petitioner;
(D) That pending the hearing and final disposal of this petition, the Hon'ble Court be direct the Respondents :-
(i) to allow the Petitioner to do work without any obstruction and without imposing any unreasonable demands;
(ii) to process the tenders in which the Petitioner has participated or participates and award work orders with respect to tenders where the Petitioner is found to be the lowest b
