(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Upon Notice being issued as to admission and interim relief, learned Senior Advocate Mr P.G. Desai has appeared with learned Advocate Mr K.D. Pandya for the respondent. Without prejudice to the rights and contentions of the parties it was agreed that the petitioner will be heard by the respondent at the appropriate level as regards blacklisting the petitioner and informing the Government and other semi Government Organizations about it. It was further agreed, in view of the statement recorded herein in the order dated 20.6.2012, that the security deposit of Rs. 93,36,700/- furnished by the petitioner to the respondent shall not be encashed or appropriated till 13.7.2012. The limited consensus as recorded hereinabove was arrived at on the understanding that all the averments and contentions of the petitioner could be canvanssed before the appropriate forum if and when the petitioner resorts to alternative legal recourse available to it. Therefore, the grant of above limited relief, by consent, would not affect decision of any authority or forum, as and when the necessary and legal issues are raised by parties on either side. Accordingly the petition is disposed recording above consensus and by consent, with the clarification that opportunity as aforesaid required to be afforded to the petitioner before taking final decision regarding blacklisting of the petitioner, shall be by way of compliance with the principles of natural justice and this court has not entered into merits of any of the contentions of the parties. Accordingly the respondent will be required to make a fresh order as regards blacklisting of the petitioner in accordance with its decision without being influenced by the earlier order or this order. Notice is discharged with no order as to costs.
[D.
H. WAGHELA, J.] [G.
B. SHAH, J.] msp Top