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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
Vamsee Shipping Carrier Private Limited, Rep. By Its Managing Director – Appellant
Versus
Chief General Manager Indian Oil Corporation Limited – Respondent
| Table of Content |
|---|
| 1. facts of tender dispute (Para 2) |
| 2. arguments on delay and blacklisting (Para 3 , 4 , 5 , 6) |
| 3. court's observations on compliance (Para 7 , 8) |
| 4. final decision on writ petitions (Para 9 , 14) |
| 5. ratio decidendi on blacklisting procedures (Para 10 , 11 , 12 , 13) |
ORDER :
P.T. ASHA, J.
Since the genesis for both the writ petitions is the same, a single order is being pronounced. The writ petition in W.P.No.48359 of 2025 had been filed by the petitioner challenging the communication dated 01.12.2025 in and by which the petitioner has been blacklisted and debarred from participating in any of the tender conducted by Indian Oil Corporation Limited (IOCL) for a period of six months effective from the date of the letter and the writ petition in W.P.No.48363 of 2025 is filed challenging the order cancelling the Letter of Acceptance dated 11.02.2025 issued in favour of the petitioner.
FACTS OF THE CASES:
2. The facts of the cases are set out briefly hereinbelow.
2.1. The petitioner is a private company engaged in the business of providing barges for re-fuelling of ships which come to the various ports at Chennai, Ennore, Kattupalli, etc. The petitioner has been in this business
Blacklisting a contractor without a show cause notice violates natural justice, and such actions must not be taken for mere breaches of contract.
The Petitioner's suppression of a material fact and approach to the Court with unclean hands led to the dismissal of the Petition.
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 power to blacklist a contractor is subject to judicial review and must be exercised in accordance with the principles of natural justice, proportionality, reasonableness, and fairness, especially....
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
Blacklisting a contractor for submitting a false experience certificate requires clear proof of intentional wrongdoing; failure to provide such evidence renders the action disproportionate.
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