Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SAMEER JAIN
Dhanlaxmi Electricals Pvt. Ltd. – Appellant
Versus
Ajmer Vidyut Vitran Nigam Limited – Respondent
JUDGMENT :
SAMEER JAIN, J.
PREFATORY NOTE:
1. Before adverting to the rival submissions and entering upon the arena of arguments advanced by the learned counsel for the respective parties, it is considered apposite to delineate the factual background and the circumstances which have culminated in the present adjudication. Accordingly, the factual matrix, as set forth in the writ petition, is recapitulated hereinbelow for the sake of clarity and proper appreciation of the controversy involved:
1.1 That the petitioner is a Private Limited Company, duly registered under the provisions of the Companies Act.
1.2 That respondent no.1 invited online bids for developing distribution infrastructure at twelve circles of Ajmer DISCOMs in Rajasthan under Revamped Reforms-based and Results-linked, Distribution Sector Scheme (hereinafter referred to as “RDSS”) on 21.10.2022; and the present petition pertains to tender for Chittorgrah Circle bearing RFB No. AVVNL/RDSS/CHR/TN-100 for estimated cost of Rs. 20536 Crore 60 Lacs.
1.3 That the NIT provides total time of frame of twenty seven months including the survey and approval period for completion of project. As per the tender terms, the survey work wa
Termination and blacklisting of a contractor based on poor performance is justified, provided due process is followed in accordance with statutory provisions.
Every case in which a citizen/person knocks at the doors of the writ court for breach of his or its fundamental rights is a matter which contains a “public law element”, as opposed to a case which is....
Point of Law : Blacklisting is an 'instrument of coercion' which has the effect of creating a disability. Usually, when participating in a tender, the bidder is required to furnish a statement undert....
Judicial review in government contracts is limited, ensuring non-arbitrariness, and contract termination on grounds of corruption can occur without pre-notice when grounded in statutory provisions.
Blacklisting in public contracts requires compelling evidence of misconduct; mere disputes over contract terms do not justify severe penalties.
The requirement for a fair hearing and a specific show cause notice before imposing the severe civil consequence of blacklisting, and the need for the authority to determine the period of punishment ....
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
Blacklisting a contractor without a fair hearing violates principles of natural justice, rendering such actions invalid, while the termination of the contract for non-compliance with security require....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
