Delhi High Court
M/S Excel Sports International vs North Delhi Municipal ... on 3 June, 2021
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03rd June, 2021
+ W.P.(C) 5784/2021
M/S EXCEL SPORTS INTERNATIONAL ..... Petitioner
versus
NORTH DELHI MUNICIPAL
CORPORATION & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sumit Bansal, Advocate
For the Respondents: Mr. Kunal Vajani, Standing Counsel
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
CM APPLN. 18137-38/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 5784/2021 & CM APPLN. 18136/2021 (stay)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 31.03.2021 (allegedly received
on 22.05.2021) whereby petitioner has been blacklisted for a period of
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.06.2021
Signing Date:03.06.2021 20:19:47 19:32
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
one year from participating in any tender work of SDMC.
3. Learned counsel for the petitioner, inter-alia, contends that prior
to issuance of the subject order no show cause notice was given to the
petitioner, putting the petitioner to notice that a possible action of
blacklisting is proposed against the petitioner. It is contended that a
notice dated 01.12.2020 was issued, however, the notice did not
specifically state that an action of blacklisting was proposed against
the petitioner.
4. Learned counsel appearing for the respondent-SDMC appearing
on advance notice, on instructions of Mr. Sanjay Hingorani, Executive
Engineer, Sanitary Land Fields (SLF), submits that without prejudice
to the rights and contentions, impugned order dated 31.03.2021 as
well as show cause notice dated 01.12.2020 be deemed to have been
withdrawn, reserving the right of the Respondent to issue fresh show
cause notice.
5. In view of the above, impugned order dated 31.03.2021 and
show cause notice dated 01.12.2020 are set aside reserving the right of
the respondent to issue a fresh show cause notice in accordance with
law.
6. On receipt of the show cause notice, petitioner shall file a
response thereto within one week. Thereafter respondent shall be at
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.06.2021
Signing Date:03.06.2021 20:19:47 19:32
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
liberty to pass a fresh order after giving an opportunity of personal
hearing to the petitioner. Keeping in view the present prevailing
situation, personal hearing may be granted over video conferencing.
7. All rights and contentions of parties are reserved.
8. The petition is disposed of in the above terms.
9. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
JUNE 3, 2021
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:03.06.2021
Signing Date:03.06.2021 20:19:47 19:32
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
