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MADHYA PRADESH HIGH COURT
, J
Shri Tiwari Transport (M/s.) v. Madhya Pradesh State Co-operative Marketing Federation Limited and Others
| Table of Content |
|---|
| 1. establishment of jurisdiction based on contract location. (Para 2 , 3) |
| 2. arguments presented regarding maintainability in context of jurisdiction. (Para 4 , 5) |
| 3. court's determination on appropriate jurisdiction and forum. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final ruling on dismissal of the petition. (Para 13) |
1. Since, this matter is listed for hearing on the question of territorial jurisdiction, therefore, the arguments of learned counsel for the parties have been heard on the said point.
2. By means of this petition filed under Art.226 of the Constitution of India , the petitioner calls in question the validity of order dated 05.08.2021 (Annexure - P / 14) in terms of which his firm has been blacklisted for a period of ten years and he has also been restricted to participate in any of the tenders of the respondents / Federation.
3. To resolve the controversy involved in this case certain important facts are taken into consideration which in nutshell are that the petitioner's firm was given a contract for transporting the fertilizers, but the said contract was not performed by the petitioner's firm and despite collecting the fertilizers from the railway rack -
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