IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5001 of 2009
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Webel Technology Limited Petitioner
Versus
The State of Jharkhand & others Respondents
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CORAM: The Hon’ble Mr. Justice R.K. Merathia
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For the Petitioner: Mr. Aparesh Kr. Singh &
Mr.Abhay Kr. Tewari, Advocates
For the State: JC to AG
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Order No. 03 Dated 17th September, 2011
I.A. No. 3779/2009
This I.A. has been filed for bringing on record the subsequent
development taken place during the pendency of this writ petition
whereby order dated 28.10.2009 has been passed upholding the
earlier order of blacklisting the petitioner-company.
This I.A. shall form part of the writ petition.
Respondents may file it’s reply within two weeks.
I.A. No. 2500/2011
It is submitted by Mr. Aparesh Kr. Singh that though this I.A.
was filed on 18th August 2011 after serving copy of the same on the
counsel for the respondent State, but no reply has been filed as yet.
Mr. Aparesh Kr. Singh, learned counsel for the petitioner,
submits that the petitioner is a West Bengal Government Undertaking
and is suffering great difficulty in getting the work in the tenders
floated by the parties other than the State of Jharkhand or its
instrumentalities, in spite of the order dated 23.02.2010. He further
submitted that an Award was made rule of the court in favour of the
petitioner, rejecting the objection / counter claim of the respondents.
Then a show-cause notice for blacklisting the petitioner-company was
issued and the impugned order has been passed on the grounds
which were decided in favour of the petitioner in the Award. He
further submitted that the respondents have filed appeal against such
order in which against furnishing of bank guarantee by the
respondents, the implementation of the Award has been stayed. He
also submitted that the petitioner will not take part in any tender
floated by the State of Jharkhand or its instrumentalities during the
pendency of this case, but order may be passed in terms of the order
dated 26.04.2011 passed in W.P.(C) No. 5510 of 2008 .
Accordingly, the order dated 23.02.2010 is modified to the
extent that the impugned order dated 10.07.2009 and the consequent
order dated 28.10.2009, so far as blacklisting of the petitioner-
company is concerned, shall remain stayed.
However, as agreed, petitioner will not take part in fresh tender
floated by the State of Jharkhand or it’s instrumentalities during the
pendency of this case.
As prayed by State counsel, put up after two weeks’ before
appropriate Bench for final disposal of the case, if possible.
(R.K. Merathia, J)
Ranjeet/