Patanjali Renewable Energy Private Limited v. Convergence Energy Services Limited & Anr.
Case brief
What is this about?
Delhi High Court writ petition disposed; debarment/blacklisting of supplier in government procurement; banning from business dealings with CESL/EESL; two-year debarment set aside; absence of notice of proposed debarment in show cause notice; natural justice/due process; opportunity of hearing; reasoned order; reply to show cause notice not considered; solar PV modules procurement Maharashtra; LOA cancellation; contract performance guarantee forfeiture referred to arbitration; Patanjali Renewable Energy Pvt. Ltd.; Convergence Energy Services Ltd.; consent of parties; pending CM application disposed.
What did the court decide?
Paras 6 and 7 of the impugned communication dated 13.07.2023 (imposing a two-year banning/debarment from further business dealings with CESL/EESL) were set aside; the petition and pending application were disposed of, with the direction that any fresh debarment order be preceded by a show cause notice, an opportunity of hearing, and a reasoned order considering the petitioner's response. Grievances regarding LOA cancellation and CPG forfeiture were left to the arbitration clause.