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2021 Supreme(MP) 709

SUJOY PAUL, ANIL VERMA
Shanti Construction – Appellant
Versus
Aavantika Gas Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Prateek Maheshwari
For the Respondent Shri Aniket Naik with Shri Pradyumna Kibe,

ORDER :

Sujoy Paul, J.

This petition filed under Article 226 of the Constitution assails the order dated 11/1/2021 (Annexure P/10) passed by respondent No.2 whereby the contract was cancelled and the petitioner was put on ‘holiday listing’ for a period of two years with effect from 4/1/2021. This will deprive the petitioner from submitting his bid in future tenders during the holiday listing period. At the outset it is worth noting that learned counsel for the parties agreed that effect of ‘holiday listing’ and ‘black listing’ is one and the same.

2. Shorn of unnecessary details, the relevant facts as stated by the petitioner are that the petitioner Firm is involved in business of infrastructure development in oil and gas pipe line projects for past several years. The respondents issued notice inviting tenders (NIT) on 11/10/2014 calling the contractor for laying MDPE pipe line net work and PNG connections (Lar mild connectivity) in Ujjain city for supplying natural gas to domestic, commercial and industrial consumers for engagement of services on certain terms and conditions. The petitioner submitted his bid and succeeded in getting the contract. The work order dated 15/11/2014 is fi

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