IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (LODGING) NO. 2368 OF 2007 PETITION (LODGING) NO. 2368 OF 2007 PETITION (LODGING) NO. 2368 OF 2007 P.K. Morgan (India) Pvt.Ltd. & Anr. ..Petitioners V/s. Directorate of Medical Education and Research, Mumbai and Ors. ..Respondents ...... Mr. V.J. Mehta i/by M/s. Divyakant Mehta & Co., for the Petitioners Mr. D.A. Nalawade, G.P. for the Respondent-State ....... CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 18th July 2008. : 18th July 2008. : 18th July 2008. P.C.: . Heard. 2. Rule returnable forthwith. 3. The learned Mr.D.A. Nalawade, G.P. waives service. Heard learned counsel Mr. V.J. Mehta for the Petitioners. 4. The Petitioner has approached this Court seeking that the notices dated 10th and 11th April, 2007 be quashed and set aside, out of which first one relates to : 2 : the deficiency on behalf of the Petitioner in complying with the terms of the contract for which his E.M.D. is forfeited and he was prevented from participating in any tender process. 5. Out of which Exhibit-F Exhibit-F Exhibit-F is a show-cause notice issued to the Petitioner for his deficiency in complying the contract within a stipulated period inspite of being given fair opportunity. The impugned show-case notice itself shows that before the authorities, the Petitioner has accepted that he could not perform his part of the contract and the second letter dated 11th October, 2007 Exhibit-G Exhibit-G Exhibit-G bars the Petitioner from participating in any contract for a period of two years w.e.f. 24th September, 2007. 6. It is the case of the Petitioner that he is doing business of marketing a Cardio Respitory speciality equipments and has supplied such equipments to number of Hospitals, Medical Institutions and all over India. That he has participated in a tender for inviting bids for supply of Pulmonary Function Test Machine and that he was successful in getting the contract and that for various reasons as specified in the Petition, compliance could not be made for which the : 3 : Petitioner is not solely responsible and, therefore, it was not justified on the part of Respondent to have issued show-cause notice against the Petitioners for forfeiting EMD amount of Rs.60,000/- as well as keeping him in blacklist for a period of two years without giving him a fair opportunity. The learned counsel appearing for the Respondent submits that though the Petitioner has been given show-case notice and it is thereafter that the impugned order of blacklisting him came to be passed and if this Court finds it appropriate, Respondents are prepared to give an opportunity of hearing. Therefore, we quash the communication dated 11th October, 2007 and direct the Respondent to give an opportunity of hearing to the Petitioner pursuant to the show-case notice issued to the Petitioner on 10th April, 2007. The learned counsel for the parties agreed that on the Petitioners appearing before the committee on 1st September, 2008 with all the necessary documents in his possession, he will be heard by the committee and a fresh decision could be taken in the matter, which will be communicated to the Petition within a period of two weeks for concluding the hearing. 7. It is submitted by the learned G.P. that the Petitioner will co-operate with the committee in : 4 : disposing off the matter expeditiously. We make it clear that if the Petitioner does not co-operate with the committee, the committee can record so in its minutes and proceed in accordance with law and pass appropriate orders. All the issues and contentions raised in this petition are kept open, so that the Petitioner can agitate the same before the committee of Respondent No.1. The Petition stands disposed off accordingly. No order as to costs. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J) Tated, J) Tated, J)