(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. After the petition being argued at the admission stage in extenso on several occasions, there was limited consensus to the extent that the petitioner would not be blacklisted or debarred from bidding for any other contract for which tender notices may be issued by any of the respondents, without affording to the petitioner an opportunity of being heard. It was also agreed that while this Court was not inclined to admit the petition in respect of other grievances of the petitioner arising from alleged breach of contract and recovery of money from the petitioner by the respondent, the petitioner would be required to approach appropriate forum for necessary relief. Therefore, the petitioner was required to be allowed time within which they could make necessary application and approach alternative forum after which the respondent may invoke the bank guarantee furnished to the respondent for the amount of Rs.7,24,050/-.
2. Accordingly, by consent of learned AGP, who expressed limited consent on instructions of Mr.H.U.Patel, Under Secretary, Narmada Water Resources and Water Supply and Kalpsar Department (who was personally present in the Court), it is directed that the petitioner shall not be blacklisted or debarred as a contractor from bidding for any other contracts without affording to them an opportunity of being heard and the bank guarantee, as aforesaid, furnished by the petitioner shall not be encashed before 23rd July 2012. The order, as aforesaid, is made without prejudice to the rights and contentions of the parties and without entering into merits or otherwise of the contentions contained in the petition. The petition is accordingly disposed and Notice is discharged subject to above directions, with no order as to costs.
(D.H.Waghela, J.) (G.B.Shah, J.) *malek Top