IGH COURT OF CHHATTISGARH AT BILASPUR Division Bench Hon’ble Shrl Jagdish Bhalla, Ag C J and Hon’ble Shru Dllup Raosaheb Deshmukh J Coram Writ Petition (C) No.662912007 M/s North West Sales & Marketing Ltd. (formerly knoWn as Mls. North West Leasing Ltd.), a Company incorporated under the Companies Act, 1956 having its office at C-72, Shivaji Park, Punjabi Bagh, New Delhi — 110 026. versus Respondents 1. Coal India Limited, a Company incorporated under the Companies Act, {HE 1956, having its office at 10, Netaji Subhash Road, Kolkatta — 700001 through its Chairman. 2. South Eastern Coalfields Ltd. (A subsidiary Company of Coal lndia Ltd.), Company incorporated under the Companies Act,_ 1956, having its omce at Seepat Road, Bilaspur through Chairman—cum-Managing Director. 3. General Manager (S&M) South Eastern Coalfields Ltd Seepat Road Bilaspur (Chhattisgarh) 4. M/s Metal Junction Service Ltd., Company incorporated Under the Companies Act, 1956, having its office at Tata Centre, 43, Jawahar L'al Nehru Road, Kolkatta Through its Senior General Manager Shri Vinaya Varma. WRIT PETITI0N UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI, MANDAMUS, PROBHITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS Present : Shri Manindra Shrivastava Senior Counsel With Shri Amrito Das and Shri Akhilesh Dalpati counsel for the petitioner Petitioner /~\\ Shri P Sam Koshy, counse thy/Wondents No.1 to 3. 2/ H ORAL ORDER (Passed on 6‘“ of November, 2007) The following oral order of the Court was passed by Hon’ble Shri Jagdish Bhalla, Acting C.J. : Heard learned counsel for the parties. It has been submitted by Shri Manindra Shrivastava, learned counsel appearing on behalf of the petitioner—Company that the writ petition is directed against the order of blacklisting dated 3rd October 2007. lt has been further submitted that the petitioner-Company has been blacklisted on certain recommendations made by respondent No.4. It has also been submitted that no opportunity has been provided to the petitioner-Company, therefore, learned counsel for the petitioner- Company alleges violation of principles of natural justice and relies on decisions rendered in M/s Erusion Equipment & Chemicals Ltd. v. State of West Bengal, AIR 1975 SC 266 and Maneka Gandhi v. Union oflndia, AIR 1978 SC 597. On behalf of respondent Nos. 1 to 3, Shri P. S. Koshy, learned counsel submitted that the authorities of S.E.C.L. deemed it fit that the blacklisting can be done on the recommendations of respondent No.4, therefore, order dated 03.10.2007 was passed against the petitioner— Company. ln the light of the fact that no opportunity has been provided to i the petitioner-Company, therefore, the writ petition can be finally disposed of, as suggested by Shri P.S.Koshy, learned counsel for respondents No.1 to 3. Accordingly, the impugned order dated ' 3.10.2007, which suffers from illegality, is set aside only. as far as the petitioner-Company is concerned, without further making any observation on the merit of the matter except that reasonable opportunity‘ should have been given to the petitioner-Company to defend itself before passing of order of blacklisting. 7 It is open for the authorities of S.E.C.L. concerned to afford an opportunity to the petitioner-Company in accordance with law and decide the matter expeditiously, if they so desire. However, on the basis w \ matter. of recommendations, the authorities of S.E.C.L. may proceed in the With the aforesaid observation, the writ petition is disposed of. Shri P. S. Koshy, learned counsel for the petitioner-Company shall inform the authorities of S.E.C.L. concerned about this order. However, it would be open for the counsel for the petitioner-Company to file an affidavit to the extent that the writ petition challenging the f impugned order dated 3.10.2007 has been decided and the impugned order has been set aside in presence of Shri P.S. Koshy, learned counsel for respondents No.1 to 3. Counsel for the petitioner undertakes that the petitioner will co- Vi operate with the authorities concerned in any enquiry, if instituted. W‘ K Seu— l J Sd-/ Jagdish Bhaua f Dilip Raosaheb Deshmukh Ag. Chief Justice l } Judge ‘ l' - l