Big Share Services Private Ltd. v. Oil and Natural Gas Corporation Ltd.
2022-08-22
SUBRAMONIUM PRASAD
body2022
DigiLaw.ai
ORDER 1. The Petitioner has filed the instant Writ Petition being aggrieved by the black listing done by the Respondent as well as the continuance of a person to continue with the work as it is causing loss to the State exchequer to a great extent. 2. While the matter was being argued, the learned Counsel for the Respondent has straightway stated that the Respondent will be cancelling the entire tender and liberty be granted to the Respondent to issue a fresh tender. It is also stated that the Respondent will withdraw the letter dated 12.04.2022, black listing the Petitioner. Attention of this Court has also been drawn towards paragraph No.20 of the rejoinder and the same reads as under: "20. As a without prejudice case, Respondent No.1 has, in the Counter Affidavit, contended that given the current position, the tender process and the NOA may be cancelled, and a fresh tender process may be conducted. The Petitioners have no objection to this suggestion but strongly object to the initiation or continuance of any action against Petitioner No.1 as that would severely prejudice its business and future prospects. Furthermore, the available documents on record evidence the fact that Petitioner No.1 was always ready and willing to perform its obligations but at the price bid quoted by Petitioner No.1 and not at the significantly reduced price bid as misconstrued by Respondent No.1." 3. A reading of the abovementioned paragraph would show that the Petitioner has accepted the proposal of the Respondent so far as cancellation of tender is concerned. 4. In view of the above, the tender stands withdrawn and the letter dated 12.04.2022, black listing the Petitioner, stands set aside and the letter suspending the Petitioner is also set aside. 5. The Respondent is directed to issue a fresh tender within 15 days from today and conclude the process as expeditiously as possible preferably within 60 days from today. 6. With these observations, the Writ Petition is disposed of along with the pending application(s), if any.