Writ petition challenging a blacklisting order passed by Bhakra Beas Management Board without opportunity of hearing. Court set aside the order, granting liberty for a fresh speaking order after hearing.
Impugned order dated 06.09.2016 set aside with liberty to respondents to pass a fresh speaking order after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP-21673-2016
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP-21673-2016
Date of decision: 04.11.2016
M/s HCL Services Ltd.
..... Petitioner
Versus
The Bhakra Beas Managemnet Board and another
..... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN
PRESENT: Mr. Rohit Khanna, Advocate for the petitioner.
Mr. Rajesh Garg, Senior Advocate with Ms. Nimarta Shergill, Advocate for the respondents.
AJAY KUMAR MITTAL, J. (ORAL)
“Learned senior counsel for the petitioner inter
Rishu Kataria 2016.11.09 11:08 I attest to the accuracy and authenticity of this document
CWP-21673-2016 -2-
alia relies upon (i) M/s MSV International Vs. HSRDC, 2012 (4) RCR (Civil) 770; (ii) Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others, 1999 (1) RCR (Civil) 220; (iii) Kulja Industries Ltd. Vs. Chief General Manager W.T. Proj. BSNL and others, AIR 2014 SC 9; (iv) Harbanslal Sahnia and another Vs. Indian Oil Corporation Ltd. and others, AIR 2003 SC 2120 and (v) Gorkha Security Services Vs. Govt. of NCT of Delhi and others, 2014 (146) DRJ 1 [SC], to contend that the petitioner has been black-listed/debarred vide impugned communication/ order dated 06.09.2016 (Annexure P-1) without affording an opportunity of hearing and by passing a non-speaking order.
Notice of motion to the respondents for 04.11.2016.
Notice re:stay as well.
Process dasti only.”
Rishu Kataria 2016.11.09 11:08 I attest to the accuracy and authenticity of this document
CWP-21673-2016
-3-
aside the impugned order dated 06.09.2016 (Annexure P-1), with liberty to the respondents to pass a fresh speaking order in accordance with law and after affording an opportunity of hearing to the petitioner.
( AJAY KUMAR MITTAL ) JUDGE
November 04, 2016 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Rishu Kataria 2016.11.09 11:08 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether to set aside the blacklisting/debarment order passed without an opportunity of hearing and as a non-speaking order.
Whether to grant liberty to respondents to pass a fresh speaking order after affording a hearing.
Colour shows how this judgement treated each authority
M/s MSV International Vs. HSRDCReferred¶20
M/s MSV International Vs. HSRDC, 2012 (4) RCR (Civil) 770
Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and othersReferred¶20
Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others, 1999 (1) RCR (Civil) 220
Kulja Industries Ltd. Vs. Chief General Manager W.T. Proj. BSNL and othersReferred¶20
Kulja Industries Ltd. Vs. Chief General Manager W.T. Proj. BSNL and others, AIR 2014 SC 9 · Who else cites this
Harbanslal Sahnia and another Vs. Indian Oil Corporation Ltd. and othersReferred¶20
Harbanslal Sahnia and another Vs. Indian Oil Corporation Ltd. and others, AIR 2003 SC 2120 · Who else cites this
Gorkha Security Services Vs. Govt. of NCT of Delhi and othersReferred¶20
Gorkha Security Services Vs. Govt. of NCT of Delhi and others, 2014 (146) DRJ 1 [SC]
1 provisions across 1 enactments
M/s HCL Services Ltd.
The Bhakra Beas Management Board
Ajay Kumar Mittal
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
