:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 276 OF 2008 WRIT PETITION NO. 276 OF 2008 WRIT PETITION NO. 276 OF 2008 Atlanta Ltd. ..Petitioners versus Mumbai Metropolitan Regional Development Authority ..Respondents Mr. M. M. Vashi i/b. M/s. M. P. Vashi & Associates for the Petitioners. Ms. Kiran Bagalia for the Respondents. CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATE : 22ND FEBRUARY, 2008. DATE : 22ND FEBRUARY, 2008. DATE : 22ND FEBRUARY, 2008. P.C. P.C. P.C. 1. Petitioners have challenged the Resolution passed by the respondents. It appears that the petitioners had entered into contracts with the respondents with respect to a project, in which allegedly they failed to complete the contract. Therefore, the contract was cancelled and in addition to the cancellation of the contract according to the petitioners they were also blacklisted for future. 2. On the last occasion, we directed the :2: learned counsel for the respondents to get instructions. She has filed a counter affidavit, in which it is submitted that Resolution passed does not have the effect of blacklisting the petitioners. In addition to the cancellation of the contract, the resolution stated that the contractor M/s. Atlanta Infrastructure (the petitioners herein) appointed for the same work, will not be given any work hereinafter, as far as the respondents are concerned. This Resolution clearly amounts to an order of blacklisting and by virtue of this Resolution, the petitioners would not be able to get any work from the respondents. Besides, there is potential of this Resolution being used by other State Agencies to oust the petitioners. It has also the potential of being used by the rivals in the business of the petitioners to keep them away from any other works with the State or the State Agencies. Definitely, this Resolution will have a civil consequences for the petitioners and this Resolution has admittedly been passed without a Show Cause Notice to the petitioners. Therefore, this Resolution cannot be sustained. In this connection, reliance can be placed on the Judgments of the Supreme Court reported in the cases of (1) Southern (1) Southern (1) Southern Painters vs. Fertilizers & Chemicals Travancore Painters vs. Fertilizers & Chemicals Travancore Painters vs. Fertilizers & Chemicals Travancore :3: Limited [AIR 1994 S.C. 1277], (2) Joseph Limited [AIR 1994 S.C. 1277], (2) Joseph Limited [AIR 1994 S.C. 1277], (2) Joseph Vilangandan vs. Executive Engineer, Buildings & Vilangandan vs. Executive Engineer, Buildings & Vilangandan vs. Executive Engineer, Buildings & Roads (PWD) Division, Ernakulam [AIR 1978 S.C. Roads (PWD) Division, Ernakulam [AIR 1978 S.C. Roads (PWD) Division, Ernakulam [AIR 1978 S.C. 930], and (3) Erusian Equipment & Chemical Ltd. vs. 930], and (3) Erusian Equipment & Chemical Ltd. vs. 930], and (3) Erusian Equipment & Chemical Ltd. vs. State of West Bengal [AIR 1975 S.C. 266, State of West Bengal [AIR 1975 S.C. 266, State of West Bengal [AIR 1975 S.C. 266, and the Judgment of the Division Bench of this Court in the Judgment of the Division Bench of this Court in the Judgment of the Division Bench of this Court in the case of V. I. Mahajan & Anr. vs. Chief Executive case of V. I. Mahajan & Anr. vs. Chief Executive case of V. I. Mahajan & Anr. vs. Chief Executive Officer, Zilla Parishad & Anr. [2004 (6) Bom.C.R. Officer, Zilla Parishad & Anr. [2004 (6) Bom.C.R. Officer, Zilla Parishad & Anr. [2004 (6) Bom.C.R. 736]. 736]. 736]. Consequently, we allow this petition. Quash the impugned Resolution to the extent of black listing. However, give liberty to the respondents to proceed with the matter afresh in accordance with the law, if they so choose. (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)