M/S Sergi Transformer Explosion ... vs Central Power Research Institute
2015 Latest Caselaw 2148 Del

$~46.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1223/2014 and I.A. 24456/2014
      M/S SERGI TRANSFORMER EXPLOSION PREVENTION
      TECHNOLOGIES PVT LTD                        ..... Plaintiff
                     Through: Mr. Ravi Gupta, Sr. Advocate with
                     Mr. G.L.N. Murthy and Mr. Akshay Ringe,
                     Advocates

                        versus

      CENTRAL POWER RESEARCH INSTITUTE            ..... Defendant
                    Through: Mr. V.K. Tandon, Advocate with
                    Mr. V.V. Pattanshetti, from the defendant.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 12.03.2015

1. This order is in continuation of the order dated 04.03.2015,

passed in I.A. 24456/2014, an application filed by the plaintiff under

Order XXXIX R 1 and 2 CPC.

2. On the last date of hearing, in the course of arguments, learned

counsel for the plaintiff had pointed out that before issuing the

blacklisting order, the defendant had failed to follow the principles of

natural justice by issuing a notice to show cause to the plaintiff or

affording it an opportunity of hearing, thus jeopardising its business

interests and bringing down its reputation in the eyes of its customers.

Counsel for the defendant had responded by seeking time to obtain

instructions from his clients.

3. Today, Mr. Tandon, learned counsel for the defendant states that

his clients have drafted a show cause notice dated 11.03.2015 and the

same has been served upon the plaintiff through counsel today. A

copy thereof is handed over and taken on record. It is submitted that

in view of the aforesaid notice to show cause having been issued to

the plaintiff, the impugned order dated 03.01.2014 is withdrawn by

the defendant while reserving its right to consider the plaintiff's reply

and pass appropriate orders, in accordance with law.

4. Counsels for the parties state that they are agreeable to a date

and time being fixed for the authorised representative of the plaintiff

to appear before the Director General/Director of the defendant for a

personal hearing.

5. Accordingly, it is directed that after submitting a reply to the

notice to show cause within the stipulated time, the authorised

representative of the plaintiff shall appear before the Director

General/Director of the defendant on 06.04.2015 at 2:30 PM for a

personal hearing. After perusing the reply submitted by the plaintiff to

the notice to show cause and considering the submissions made on its

behalf, the Competent Authority shall pass a speaking order under

written intimation to the plaintiff.

6. It has been agreed between the parties that till a speaking order

is passed by the defendant, the plaintiff shall not display the letter

dated 04.12.2007 on its website or by any other mode. Similarly, the

defendant shall not display the order dated 03.01.2014 on its website

or through any other mode.

7. Counsel for the plaintiff states that in view of the order passed

above, the plaintiff gives up its claims of damages against the

defendant.

8. The suit is disposed of in view of the orders passed hereinabove

alongwith the pending application.

9. Needless to state that if the plaintiff is aggrieved by the orders

that may be passed by the defendant, it shall be entitled to seek its

remedies in accordance with law.

10. The dates already fixed stand cancelled.

HIMA KOHLI, J MARCH 12, 2015 rkb