Jharkhand High Court
Lava International Limited vs The State Of Jharkhand & Ors on 11 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.5249 of 2021
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Lava International Limited, Noida, Uttar Pradesh. .......... Petitioner.
-Versus-
The State of Jharkhand & Ors. .......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Navneeti Prasad Singh, Sr. Advocate
Mr. N. K. Pasari, Advocate
For the State : Mr. Rajiv Ranjan, A.G.
Mr. A. K. Yadav, G.A.I
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Order No.06 Date: 11.04.2022
Vide order dated 6th April, 2022, the case was ordered to be
listed under the heading "For Admission" in the week commencing
from 18th April, 2022. However, on urgent mentioning made on behalf
of the petitioner for consideration of I.A. No.2986 of 2022 filed on its
behalf, seeking interim relief in the matter, the present writ petition
has been listed today.
I.A. No.2986 of 2022:
The present interlocutory application has been filed on behalf
of the petitioner for staying the operation and effect of the impugned
order, as contained in memo no.03/ISSNIP/2019-20/1860/Sa.Ka.
dated 15th December, 2021 (Annexure-6 to the writ petition), passed
by the respondent no.2 outside the State of Jharkhand till disposal of
the writ petition.
Mr. Navneeti Prasad Singh, learned senior counsel, appearing
on behalf of the petitioner submits that the impugned order dated 15th
December, 2021, blacklisting the petitioner has continued to operate
for about four months and during this period the petitioner has
suffered irreparable injury, as it has been prevented from participating
in various tenders. It is also submitted that the petitioner will be
seriously prejudiced if it is unable to participate in Bid
No.GEM/2022/B/2045599 dated 23rd March, 2022 invited by the Joint
Director, Commissionerate of Technical Education, Education
Department, Government of Gujarat for supply of 375000 tablet
computers to be procured through GeM portal due to the effect of the
impugned order dated 15th December, 2021. The estimated value of
the tender is Rs.345.00 crores and due date of submission of bids
towards the same is 12th April, 2022. The petitioner has been
compelled to file the present interlocutory application, primarily for the
reason that as per the terms and conditions of the said tender, an
eligible bidder should not be blacklisted by any Ministry of the
Government of India or by any State Government or by any of the
Government PSUs at the time of bidding and due to the said condition,
the petitioner is unable to submit its bid towards the said notice
inviting tender. If the impugned order dated 15th December, 2021 is
not stayed by this Court, the petitioner will suffer irreparable injury
and the writ petition itself will largely become infructuous. It is further
submitted that the impugned order is prima facie unsustainable in law
inasmuch as the same has been issued arbitrarily in gross violation of
the principles of natural justice. The balance of convenience also lies
in favour of the petitioner, as any interim order passed by this Court
will not in any manner prejudice the case of the respondent-State. In
fact, disallowing the interim relief will cause irreparable injury to the
petitioner.
Learned senior counsel for the petitioner, in support of the
aforesaid submissions, places reliance on paragraph no.18 of the
judgment of the Hon'ble Supreme Court rendered in the case of All
India Anna Dravida Munnetra Kazhagam Vs. Chief Secretary,
Government of Tamil Nadu & Ors., reported in (2009)5 SCC
452, wherein it has been held that ordinarily, the High Court as well
as the Supreme Court refrain from passing an interim order the effect
of which would be granting the main relief. However, in cases where
a party approaches the Court without loss of time and there is no
laches on its part, it is not possible to give notices to all the necessary
parties and hear them because of paucity of time and if interim order
is not passed, the main case will become infructuous before final
judgment is rendered, then appropriate interim order in such cases
should be passed.
Mr. Rajiv Ranjan, learned Advocate General, appearing on
behalf of the respondents, submits that the present writ petition was
itself taken up by this Court on 21st December, 2021 and while fixing
next date of hearing of the case in the week commencing from 10 th
January, 2022 the respondents were directed to file counter affidavit
within two weeks. However, this Court did not pass any interim order
on the said date i.e. first date of listing of the case. Thereafter, the
respondents promptly filed counter affidavit on 12th January, 2022,
rejoinder to which was also filed on behalf of the petitioner on 20th
January, 2022. It is further submitted that operation of debarment
continues till the period of the same lapses or it is revoked/set aside.
The present writ petition will not be rendered infructuous if the
impugned order dated 15th December, 2021 blacklisting the petitioner
is not stayed by this Court. Since the present writ petition itself is ready
to be heard and has already been ordered to be listed in the week
commencing from 18th April, 2022, it is not a fit case in which any
interim order should be passed by this Court.
Having heard learned counsel for the parties on the point of
interim relief sought by the petitioner in the present interlocutory
application, particularly for staying the operation of the impugned
order dated 15th December, 2021 outside the State of Jharkhand till
disposal of the writ petition, on perusal of the same it does not appear
that any such condition has been made therein, rather the petitioner
has simply been blacklisted for a period of one year from the date of
issuance of the said order. Even according to the petitioner, it will be
ineligible for participating in the said bid due to the condition stipulated
in the notice inviting bid dated 23rd March, 2022 through GeM portal
to the effect that bidder and OEM should not be blacklisted by any
Ministry of Government India or by any State Government or by any
of the Government PSUs at the time of bidding. Moreover, the present
case is ready to be heard and has already been ordered to be listed in
the week commencing from 18th April, 2022. Hence, this Court is not
inclined to pass any interim order by staying the operation and effect
of the impugned order dated 15th December, 2021.
I.A. No.2986 of 2022 is, accordingly, dismissed.
(Rajesh Shankar, J.)
Sanjay/
