..^y^yF- WH^teLW^-^-^^fl-i,.: ^ ivsr »"r' ^^se- .^•^^-^^~T-!*«~a fSy^ a •UKAW; K. iSa.in?-^, WriT^etitton.tc) No.J228rf 2007 PetittoSt Suresh AorawaL S/o Shri kamuurr ,'»iai Agrawa!, agecs GBOUT 40 years, S-ole Propr'ieto", /iA/s Shri Vaishno Devi Traders, oadaipur, Jaiendhar (Punjab) Through 'ts Authorised Signotory Shri C'm Prakash 'ersus ssfioniasm Coal i.. .1 India Limited, 10, Netaji shash Road, Koikatta-700001 throuoh its Chairman. Soutti Eastern Coaifieids Ltd.. Seepat Roo.d, Biiaspur Through its Chairman-cum-Managinq &i"ector. Senera! Mcnager (5<&M) South Ecs'ter'n Coaifields Ltd., SeeDat Road, BiSaspu" y.hhattisgarh). &irector (Mcrketina), Coa! India Lifflited, 10, Netaji Subhash Road, Kolkata (W.B.) Senerai Manager (S&M), Coal india LimiTea, lu, NeTaji su&nasn Rcad, Koika-ta (W.8.) AA/s Metal Junction Service Ltd., Tata Centre, 43 Jawahar Lal Nehru Road. Koikatta Throuah its Senior Senera! Manaqer Shri Vinayo Var?7ic Writ cstition under ArTicie 226 of the Coristltution of India Present: Sh"i Manindra Snrivastava. Senior Aavocata with Shri Akhiiesh balpati, counsei for the petitioner. Shri P.5. Koshy,counselaccepts notice fcr respondent Nos. lto5 beccuse he had cpasar'ed in the identica.i wcttar. .• ,. = . 2-— A-???i ^fs lec6.t'nb®r.2007) The foliowinq oral ordar of the Court was Dasssd bv iii8^, •^- A: Hsard teai'ned cour.sel for the it has been submitted by Shri Manindt'a Sbrivcstava nppearing on behcif of the petitioner- petition is directed auainst the order of biackiistinc 3 October'. 2007. It has been further subiTitted letitioner-Comoany has been blackiisted an certain recomme made bv respondent No.6. It has aiso been. submitted opportunit),' has been provlded to the p-stit'ioner-Compaiy, th lecrned counsei tor ths petitioner-Company a'ieges viol. D";"c!DSes of natura! Justlce cnd reiies on dec'sions renderei learned the Tna- ,f .i"^ ation of <^ -s^,' y. ^/ss/ AIR 1975 SC 266 and Moneka ffandhi v. Lecrned counsei ^pearing for the parties submit that this matter is squareiy covered by the judgment of this Court, dated 06-11-2007 passed in W.P.(C) No. 6629/2007 and this matter may aiso be disposed of in the iiqht of abova judgment. On behdf of respondent Nos. 1 to 5, Shri P.5. Koshy, tearnsd counse! submitted that the autnorities of S.E.C.L. deemed it fit that the bicckiistinq can be done on theTecommendations of "escondent No.6, thersfcre, order dated 03-10-2007 was passed sqainst the peTiT'oner-Lo mpany. In the light of tfie fnct thct no oDDortunitv has been orovided to the petitioner-Compan.y, therefore, the writ petition can be fincliy disposed of, as suggested by Shri P.S. Koshy, !earned counsel fo" respondents No.l to 5. Accordingiy, the 'mpugned order dated 03-10-2007, which suffers from illegality, is set aside only as far as 2. -3- .'-^ the petitioner-Compainy is concerned, without further making any observation on the merit of the matter exceDt that reasonable opportunity should ho.ve been giyen to •t+ie petitiondij'i-.&mpany to defend itself before oassing of order of blacklistinci. It 's opsn for ths authorities of S.E.C.L concerned to nfford cn opportunity to the petitioner-Company in accor'dance wlth law and decide the matter expeditiousiy, if they so desire. 'H-owisver, on the bcsis of recommendations, the o,utho,"itiss of S.E.C.L. may proceed in the matter. With the aforesaid observatlon, the writ petition is disposad of. Shri P.S. Koshy, iearned counse! for the petitioner'-Company sha'i infor-tTi the autiiorities of S.E.C.L. concerned about this order. However, it would be open for the counsei for the petitioner- Company to fjl®an affidavit to ths sxtend that the writ petition chailenging the impugned order do.ted 03-10-2007 has been declded and the impugned order has been set cside in presence of Shrl P.S. Koshy, leflrned counsel for respondents No. 1 to5. Learned counsel for the oetitioner undertakes that the petitioner wii! cooperate with the authoritles concernsd in any enquiry, It instituted. Sd/- Sd/- Acting Chief Justice n.'mmi SatishK.Agn^1 Judge