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2017 Supreme(Mad) 463

S.VIMALA
S. P. Agencies, Rep. By its Managing Partner, Tmt. S. Poovammal, W/o. G. Subbiah, Tirunelveli – Appellant
Versus
Tamil Nadu Ware Housing Corporation – Respondent


Advocates Appeared:
For the Petitioner: M/s. Niranjan S. Kumar
For the Respondents: Mr. S. Pugazhendhi, Mr. M. Rajarajan

ORDER :

Whether absolute power to blacklist a Contractor is vested with the party, allotting the contract or whether it can be done only by following the principles of natural justice, especially, when such blacklisting has civil consequences, i.e. it not only affects the reputation, but also erodes his credibility in such contractor's dealings with other private persons?

1.1. When State or any other instrumentality of the State is a party, whether the decision to blacklist is open to the judicial review on the touchstone of proportionality and natural justice principles?

2. “You are directed to show cause why action should not be taken against you for gross violation of the terms and conditions of the Tender Document, as per clause X (a) & (b) r/w clause IV(d) of the Tender Document and why action should not be initiated to terminate the contract extended to you for the period 2013-2015 and the existing contract awarded to you for the period of 2015-2017, without prejudice to the other proceedings of debarring and blacklisting you” - this is the show cause notice issued by the Ta










































































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