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2022 Supreme(Ker) 544

N.NAGARESH
SERVOTECH POWER SYSTEMS LTD. – Appellant
Versus
INDIAN OIL CORPORATION LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: SAJITH KUMAR, VIVEK A.V., GODWIN JOSEPH, APARNA CHANDRAN, REMYA VARMA N.K.
For the Respondents: M. GOPIKRISHNAN NAMBIAR, K. JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner-Company, which has been a vendor for Indian Oil Corporation Limited (IOCL), is aggrieved by the action of the IOCL in including the petitioner-Company in the “Holiday List” thereby disabling the petitioner from entering into any contract with the IOCL.

2. The petitioner has been a vendor of the 1st respondent-IOCL on Pan India basis, in its Refineries, Terminals, Bottling Plants and State Offices and Retail Outlets. The petitioner states that they have completed contracts worth more than Rs. 100 Crores Pan India, with the IOCL. The petitioner entered into Exts.P3 and P4 contracts dated 16.06.2018 and 15.10.2018 respectively, for the work “Replacement of Non-LED bulbs with LED lights on canopy and Yard lights and allied works at ROs under Trivandrum and Kozhikode Divisional Office of Kerala State.” The petitioner was given Ext.P5 Work Order dated 27.07.2018 and Ext.P6 Work Order dated 03.10.2018. An identical work was awarded to the petitioner in Kochi Divisional Office, which the petitioner has completed successfully.

3. The petitioner states that on getting Work Orders, the petitioner started the work with all its resources, but due to labo

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