IMPORTANT POINT
The court found that the petitioner's location did not give it the right to challenge the blacklisting order before the court, and dismissed the writ petition.

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, Letter of Acceptance dated 23.01.2023, First Call Off/Purchase Order dated 24.01.2023 and Dispatch Order dated 18.02.2023.

3. The petitioners’ counsel submits that an NIT dated 25.07.2022 was published by the BPCL, for procurement of Polythene (MDPE) Pipes for BPCL/BGRL City Gas Distribution (CGD) Projects. The respondent nos.2 to 6 thereafter issued Letter of Acceptance dated 23.01.2023 to the petitioner, stating that it’s offer for the procurement of Polythene Pipes had been accepted for a total amount of Rs.15,01,70,715/-. Thereafter the BPCL issued a Call Off/Purchase Order dated 24.01.2023 for procurement of Polythene Pipes for Lot-1, 2, 3 & 4 of the Tender, as per the quantity given in the Annexure-B. Though Annexure-B gave the quantity for the Polythene Pipes to be supplied by the petitioner, the same does not give the value of the Pipes to be supplied by the petitioner. However, Paragraph-8 of the writ petition states that the Call Off/Procurement Order dated 24.01.2023 amounted to Rs.11,39,32,605/-.

4. The BPCL then issued the Dispatch Clearance Note dated 18.02.2023 to the petitioner for supply of a portion of the Polythene Pipes mentioned in Annexure-B of the Call Off letter dated 24.01.2023. Though no value of the pipes is mentioned in the Dispatch Clearance Note dated 18.02.2023, the writ petitioner in paragraph-8 of the writ petition has stated that the value of the pipes to be dispatched as per the Dispatch Clearance Note dated 18.02.2023 amounted to Rs.11,39,32,605/-.

5. The petitioners’ counsel submits that the BPCL has not made any dispatch order beyond the approximate Rs.5.50 crores worth of pipes made in terms of the Dispatch Clearance Note dated 18.02.2023 till date. He submits that the petitioner has not made any statement or taken any decision to the effect that the petitioner cannot supply Rupees 15.00 crores (approximate) worth of Polythene Pipes in terms of the NIT dated 16.08.2022. On the other hand, the BPCL has only made a Letter of Acceptance dated 23.01.2023 for procurement of pipes amounting to Rs.11,30,30,097/-and taken delivery of Polythene Pipes approximately valued at Rs.5.50 crores. He submits that when the petitioner has been pressing the BPCL to take the remaining balance amount of Polythene Pipes in terms of Letter of Acceptance dated 23.01.2023, the blacklisting of the petitioner on the assumption that it would not be able to supply Polythene Pipes in terms of the First Call Off/Procurement Order dated 24.01.2023, is false and without any basis. The petitioner’s counsel submits that the petitioner is willing and capable of supplying pipes worth Rs.15,01,70,715/-to the respondents. However, BPCL is not making any orders for dispatch of the required quantity of pipes worth Rs.15,01,70,715/-.

6. The petitioners’ couns