Teracom Limited vs State Of U.P. And 5 Others
2015 Latest Caselaw 2435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 53335 of 2015
 

 
Petitioner :- Teracom Limited
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Gaurav Mahajan,Amit Mahajan
 
Counsel for Respondent :- C.S.C.,Mahboob Ahmad
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties and perused the record.

The petitioner before this Court is aggrieved by the order dated 23.5.2015 passed by the the respondent no.2-Chairman, U.P. Power Corporation Ltd., whereby the contract/agreement of the petitioner has been terminated after recording that the petitioner has failed to complete the work as was required under the terms and conditions of the notice inviting tenders. Because of the non performance,  the petitioner has been blacklisted.

We may not enter into the issues raised by the present writ petition. The agreement entered into between the parties contains an arbitration clause. We may only record that black listing of the petitioner is dependant on the performance of the contract. We only provide taht if the arbitrator makes an award in favour of he petitioner, he will be at liberty to seek revocation of the order of blacklisting passed by respondent no.2.

writ petition is disposed of with the observation aforesaid.

Order Date :- 17.9.2015

Ashish Pd.