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2023 Supreme(Online)(HP) 5292

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Date of decision : 01.03.2023.

Corporate Care Middle Market ...Petitioner.

State of H.P. & others ...Respondents Coram:

The Hon’ble Ms. Justice Sabina, Acting Chief Justice.

The Hon’ble Mr. Justice Satye n Vaidya, Judge.

Whether approved for repor ting?1 For the petitioner : Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Arsh Rattan, Advocate.

For the respondents : Mr. Varun Chandel, Additional Advocate General, for respondents No. 1 to 4 and 8.

Mr. Hamender Chandel, Advocate, for respondent No.9.

Mr. C. N. Singh, Advocate, for respondent No. 10.

Sabina, Acting Chief Justice: (Oral)

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:-

“i) That respondent No. 8 may kindly be directed to conduct fact finding inquiry and thereafter register appropriate criminal case against the accused including the respondents No. 9 and 10 and its proprietors. Respondent No. 9 may

1 Whether reporters of Local Papers may be allowed to see the

Petitioner Advocates:Rajesh Kumar Arsh Rattan ,Respondent Advocate: Tarun Pathak AG Hamender Singh Chandel Chander Narayan Singh

judgment?

be directed to complete the investigation within two months.

ii) That the Award Letter issued in favour of respondent No.4 vide letter dated 13.4.2022 Annexure P-9 may kindly be quashed and set aside as same being obtained on forged certificates.

iii) That the respondents be directed to verify all documents including experience certificates, turnover etc of all the participating firms by giving them reasonable opportunity of being heard and submit status report to this Hon’ble Court for further action.

iv) That in case this Hon’ble Court comes to the conclusion that respondent No.9 has obtained contract by playing fraud upon the respondent authorities, the respondent No.9 be directed to refund the entire amount received till date as the contract was obtained by playing fraud upon the State on submission of false, frivolous and forged documents.

v) That respondents No. 5 to 7 may be directed to submit verification report of experience certificates submitted by respondent No.9 (Annexure P-5, P-6 and P-7). The respondent State may be directed to blacklist the respondent No.9 and other such participants firms if found indulged in submitting false, frivolous and fake documents for obtaining work contract.”

2. During the course of arguments, it has transpired that FIR has already been registered vis-à-vis allegations raised in the petition. Thus the matter is under investigation. Contract issued in favour of respondents No. 9 and 10 has already been canceled and now contract has been given through government agency to some other person till 31.3.2023, as the petitioner had refused to accept the contract 3. In the above background, no further interference by this Court is required while exercising jurisdiction under Article 226 of the Constitution of India. Petition stands disposed of accordin gly.

Pending applications, if any, also stand disposed of.

(Sabina)

Acting Chief Justice (Satyen Vaidya)

1st March, 2023 Judge (kck)

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