IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 137 of 2011 M/s Meinhardt Singapore Pte. Ltd., India Branch & Anr. ... Petitioners Versus The State of Jharkhand through the Secretary, Dept. of Art, Culture, Sports and Youth Affairs, Ranchi & Ors. ... ... Respondents CORAM: HON'BLE MRS. JUSTICE POONAM SRIVASTAV For the Petitioners : Mr. P.K. Choudhary, Advocate For the Respondents : J.C. to A.G. 03/19.05.2011
I have heard Shri M.S. Mittal, learned senior counsel assisted by Shri Sanjay
Kumar Chadha appearing on behalf of the petitioner and Shri P.P. Roy on behalf of
the State.
The instant writ petition is directed against an order of blacklisting the
petitioner to participate in the tenders not only within the State of Jharkhand but the
entire nation as well as in other tender invited internationally. This Court had
already granted an interim order limiting the impugned order to the State of
Jharkhand only, vide order dated 17.02.2011.
I.A. No. 1563 of 2011 has been moved for the reason that the petitioner,
though having an interim order in his favour was not able to participate in a bid by
the Delhi State Industrial & Infrastructure Development Corporation Ltd. (DSIIDC),
one of the prequalification criteria that the consultant should not be blacklisted
anywhere.
The I.A. has been moved seeking an order from this Court to the effect that
the blacklisting done by means of the impugned order by the Building Works
Department has been stayed, but the petitioner has been directed not to participate
in any bid in the State of Jharkhand only. Despite an interim order, the petitioner is
not able to participate in any other bid within the country and, therefore, the I.A.
After hearing the respective counsel and examining the facts and
circumstances as well as the anomalies that is apparent on account of the limited
interim order, I am of the considered view that this writ petition requires a final
decision. The pleadings are also complete.
List this case on 09.06.2011 at 2.15 p.m. for final hearing.
Till then, the interim order already passed by this Court will remain operative
and the petitioner will be entitled to participate in the bid other than the State of
Jharkhand, including the Delhi State Industrial & Infrastructure Development
Corporation Ltd. (DSIIDC)
(Poonam Srivastav, J.)
Manish