1 wp-2289-11.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2289 OF 2011 M/s. Kulja Industries Ltd. .... Petitioner vs The Chief General Manager, Western Telecom Project BSNL & ors. .... Respondents Mr. Y. S. Jahagirdar i/by Mr. Amit B. Borkar for the petitioner. Mr. A.A. Kumbhakoni i/by Mr. T.D. Deshmukh for respondent no.1. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : April 06, 2011 P.C.: By this Petition, the Petitioner challenges the order passed by Respondent no.1 permanently banning the Petitioner from entering into any contract with the Respondent, on the allegation that when the Petitioner was awarded a contract for supply of material, the Petitioner claimed payment on the original bills and also on the duplicate bills for the same material. A show cause notice was issued to the Petitioner to show cause why the Petitioner should not be 2 wp-2289-11.sxw permanently banned. His reply was considered and the order has been made. The only explanation given by the Petitioner was that the account was reconciled and thereafter the amount was found due to the Petitioner and that was paid to the Petitioner. In our opinion, that can hardly be an explanation. In the order impugned, the Authority has stated that on the re-conciliation of the account, it was found as a fact that the Petitioner has received payment twice for the supply of the same material, because the supply was ongoing and the amount was found to be payable to the Petitioner, that was paid to him. Mere payment of the amount does not wipe out the fact that the Petitioner had submitted the Bills claiming double payment. In our opinion, in view of this finding, no interference is called for in the order impugned. The Petition is rejected. No costs. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH, J. )