Dayachand Engineering India Pvt. ... vs The National Small Industries ...
2001 Latest Caselaw 1979 Del

JUDGMENT

Mukul Mudgal, J.

1.This writ petition seeks direction to the respondent not to take any action against the petitioner on account of a transaction arising out of a supply order dated 21st May, 1999. Based on the payment made persuant to the said supply order dated 21st May, 1999, the NSIC, respondent No. 1, had issued a notice dated 8th November, 2001 to the petitioner stating that in spite of not supplying the full quantity full payment was manipulated by the petitioner. Accordingly the petitioner was asked to show cause. Thereafter the petitioner appears to have replied and respondent No. 1 by the letter dated 4th December, 2001 found the response to the show cause woefully inadequate and accordingly sought inter-alia the following details from the petitioner:-

"1. Copy of R.C. awarded in your favor.

2. Copy of Supply order.

3. Copy of Inspection Notes duly receipted.

4. Copy of your Invoice along with material receipt."

2. It is not disputed that the said letter dated 4th December, 2001 has not been responded to by the petitioner and the petitioner has chosen to come directly to this Court. In my view the writ petition is premature. The petitioner ought to reply to show cause notice dated 4th December, 2001. Accordingly there is no merit in the writ petition and is dismissed as such.