JUDGMENT :

1. Dr. A. Saraf, learned Senior Counsel appears for the petitioners assisted by Mr. P.K. Bora, learned counsel; Mr. J. Roy, learned Senior Counsel appears for the BPCL assisted by Mr. S.S. Roy, learned counsel; Mr. K. Gogoi, learned counsel appears for the respondent no.1 and Mr. Arohi Bhalla, learned counsel appears for the Intervenor Rungta Irrigation Limited. The Rungta Irrigation Limited, a Company incorporated under the provisions of the Companies Act, 1956, having its office at 101, Pragati tower 26, Rajendra Place, New Delhi was allowed to become an Intervenor in this case vide order dated 26.04.2024 passed by the Supreme Court in SLP(C) Nos.9654-9655/2024.

2. The petitioner has put to challenge the impugned order dated 08.12.2023 issued by the BPCL, by which he has been blacklisted for a year by the respondent authorities. The petitioners’ counsel submits that the facts of the case show that the respondent authorities have blacklisted the petitioner due to a wrong assumption of facts, which is to the effect that the petitioner had taken a decision that it would not make any supply of pipes beyond the value of Rs.11.39 crores, pursuant to the NIT dated 25.07.2022, L