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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19249/2025&CM APPL. 80307/2025

SGS INDIA PVT LTD. .....Petitioner

Through: Mr. Jayant Mehta, Sr. Adv. alongwith

Mr. Rahul Sagar, Mr. Simranjeet

Singh, Mr. Gautam T., Mr. Rishabh

Pant and Ms. Apurba Dulta,

Advocates.

versus

INDIAN OIL CORPORATION LTD. .....Respondent

Through: Mr. Amit Meharai, Ms. Tannishtha

Singh, Mr. Sambhav and Mr.

Shashwat Roy, Advocates.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 23.12.2025

1. The present petition has been filed by the petitioner assailing an

order/communication dated 18.11.2025 issued by the respondent, whereby

the petitioner has been sought to be placedon a “Holiday Listing” and

consequently,“debarred from enteringany contract with Indian oil

Corporation Limited and Chennai Petroleum Corporation Limited and be

removed from the list of approved vendors/contractors from 18.11.2025 to

13.11.2026”.

2. Subsequently, the Holiday Listing of the petitioner, in terms of the

action taken by IOCL, was confined for a period of three months w.e.f.

18.11.2025. The said period comes to an end on 17.02.2026.

3. The petitioner is aggrieved by the fact that the Holiday Listing action

was taken against the petitioner without issuing a Show Cause Notice and

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:31:04

therefore, in contravention of the judgment of the Supreme Court in Gorkha

Security Services vs. Govt. (NCT of Delhi), (2014) 9 SCC 105.

4. It is further contended that in any event, since the period of Holiday

Listing is confined for a period of three months with effect from 18.11.2025,

the same cannot possibly come in the way of the petitioner participating in the

selection process pursuant to the Expression of Interest (EOI) issued by the

respondent for “empanelment for third party inspection agencies for IOCL

RefineriesDivision” for the period 01.05.2026 onwards.

5. There is merit in the contention of the petitioner that if the petitioner is

precluded from participating in the process initiated pursuant to the aforesaid

empanelment, the same will de facto result in extending the Holiday Listing

well beyond the period envisaged in the impugned order.

6. It is also noticed that in terms of the Holiday Listing Policy of IOCL, it

was incumbent upon IOCL to issue a Show Cause Notice prior to taking

Holiday Listing/debarment action, which admittedly was not done in the

present case.

7. Be that as it may, learned senior counsel for the petitioner confines

himself to seeking that the petitioner be allowed to participate in the selection

process pursuant to the issuance of the aforesaid EOI, so that the Holiday

Listing of the petitioner does not come in the way of its attempt to seek

empanelment for the period 01.05.2026 onwards.

8. In the circumstances, the present petition is disposed of with the

direction that the petitioner shall be entitled to participate in the process

initiated by the respondent for empanelment of third party inspection agencies

for IOCL Refineries Division, for the period 01.05.2026 onwards.

9. It is made clear that, since the Holiday Listing period of the petitioner

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:31:04

comes to an end on 17.02.2026, the same shall not pose any impediment to the

consideration of the petitioner’s request/proposal for empanelment for the

period 01.05.2026 onwards.

10. The Holiday Listing of the petitioner for the period up to 17.02.2026,

shall continue.

11. The present petition stands disposed of in the above terms.

12. It is made clear that this order has been passed in view of the peculiar

facts and circumstances of the present case.

13. Let a copy of this order be given dasti under th