(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Shalin Mehta, learned senior counsel, assisted by Mr. Ajay S. Jagirdar, learned counsel for the petitioner and Mr. Pranav G. Desai, learned counsel for the respondents.
2. It is not disputed by respondents that the order of blacklisting dated 13/09/2012 has been passed without affording any opportunity to the petitioner. In this view of the matter and in view of the settled law that before passing order of blacklisting, opportunity of hearing should be afforded, these petitions succeeds as allowed. The order dated 13/09/2012 blacklisting the petitioner is set aside. It shall be open to the respondents to afford opportunity of hearing to the petitioner.
2.1 So far as order dated 17/08/2012 is concerned, learned counsel for the petitioner shall make a detailed representation on or before 26/11/2012. In case such representation is made by the petitioner, the same shall be decided by the respondents by a reasoned and speaking order within two weeks after the representation is made. Till the decision in the representation, the respondents shall not final any fresh tenders.
3. Direct service is permitted today.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren