Disposed

M/S Voyants Solutions Pvt. Ltd. v. Punjab State Power Corporation Ltd. and Ors.

Punjab & Haryana HC29 Jan 2014CWP/21613/2013

Case brief

AI extract

What is this about?

The High Court held that the impugned order of black-listing was illegal as it was passed without a show-cause notice. The petition was disposed of granting liberty to initiate fresh proceedings with a proper notice and hearing.

What did the court decide?

Impugned black-listing order set aside; liberty granted to respondents to initiate fresh proceedings with show-cause notice.

M/S Voyants Solutions Pvt. Ltd. Vs Punjab… — Service and Employment | Punjab & Haryana HC (2014)

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C. W. P. No. 21613 of 2013 (O&M)

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Sr. No. 206

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Case No. : C. W. P. No. 21613 of 2013 (O&M) Date of Decision : January 29, 2014

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M/s Voyants Solutions Pvt. Ltd. .... Petitioner Vs.

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Punjab State Power Corporation Limited and others .... Respondents

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CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE. HON'BLE MR. JUSTICE ARUN PALLI.

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Present : Mr. Puneet Bali, Senior Advocate with Mr. Apoorv Garg, Advocate for the petitioner.

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Mr. Babbar Bhan, Advocate for the respondents.

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SANJAY KISHAN KAUL, C. J. (Oral) :

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No counter-affidavit has been filed. Learned counsel for the respondents concedes that the impugned order dated 09.09.2013 has been passed without issuing a show-cause notice to the petitioner. It is the contention of learned counsel for the respondents that the petitioner allegedly failed to perform the contract resulting in termination and that

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Monika 2014.01.30 10:57 I attest to the accuracy and integrity of this document High Court Chandigarh

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C. W. P. No. 21613 of 2013 (O&M)

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dispute is subject matter of arbitration.

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We put a query to learned counsel for the respondents as to how the issue of settlement of disputes through the process of arbitration qua the fundamental matter of allegation or non-performance of the petitioner could be mixed up with the issue of black-listing, which has much larger implication, and the principles qua which are well settled by the Hon'ble Supreme Court in the judgments namely Mahabir Auto Stores vs. IOCL reported as (1990) 3 SCC 752 and Harbans Lal Sahni vs. IOCL reported as (2003) 2 SCC 107 .

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Learned counsel for the respondents, faced with the aforesaid situation, submits that qua the issue of black-listing, the impugned order be set aside and fresh proceedings would be initiated by issuing a proper showcause notice to the petitioner and the petitioner will be granted an opportunity of hearing. Thereafter, a speaking order will be passed.

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We take the aforesaid statement on record.

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In view thereof, the writ petition stands disposed of. Liberty

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granted to the respondents to take out fresh proceedings qua the issue of show-cause notice, as stated aforesaid. The effect is that no black-listing order stands as on date.

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Needless to say that in the eventuality of there being any adverse order against the petitioner, there will be liberty to assail the same

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Monika 2014.01.30 10:57 I attest to the accuracy and integrity of this document High Court Chandigarh

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C. W. P. No. 21613 of 2013 (O&M)

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in accordance with law and such order would not operate for a period of 15

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days from the date of receipt of the order.

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The petition stands disposed of in the aforesaid terms.

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( SANJAY KISHAN KAUL ) CHIEF JUSTICE

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January 29, 2014

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monika

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( ARUN PALLI ) JUDGE

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Monika 2014.01.30 10:57 I attest to the accuracy and integrity of this document High Court Chandigarh

M/S Voyants Solutions Pvt. Ltd. v. Punjab State Power Corporation Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

M/S Voyants Solutions Pvt. Ltd. v. Punjab State Power Corporation Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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