Telangana High Court
WP/25756/2009 of M/s. Nemalikrishna Contractors Vs Southern Power Distribution Company of A.P. Limited on 30 December 2014
A . RAMALINGESWARA RAO WRIT PETITION No.25756 of 2009 WRIT PETITION No.25758 of 2009 and WRIT PETITION No.25764 of 2009 COMMON ORDER: Heard learned counsel for the petitioners and learned standing counsel for the respondents. 2. All these cases are being disposed of by this common order in
HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.25756 of 2009WRIT PETITION No.25758 of 2009andWRIT PETITION No.25764 of 2009
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COMMON ORDER:
Heard learned counsel for the petitioners andlearned standing counsel for the respondents.
2. All these cases are being disposed of by thiscommon order in view of the common point of lawinvolved in these cases.
3. The petitioners, who are registered smallscale units, submitted their tenders pursuant to atender notice issued by the first respondent forsupply of 11 KV V-Cross arms with back clamps. They are the successful tenderers in the tenderssubmitted by them and they have furnished bankguarantee to the tune of Rs.2.00 lakhs. Thepetitioners could not supply the required materialfully due to certain circumstances and it resulted inpassing an order forfeiting the bank guarantee andalso blacklisting the petitioners.
4. Though the orders of forfeiture of bankguarantee were passed as per the terms and conditions of the tender, so far as the blacklistingthe petitioners are concerned, no notice was issuedand principles of natural justice have not followed inordering blacklisting of the petitioners.
5. In the circumstances, the orders passed bythe first respondent insofar as forfeiting the bankguarantee amount are upheld and so far asblacklisting the petitioners are concerned is setaside.
6. All the writ petitions are accordingly allowed inpart. Pending miscellaneous petitions, if any, shallstand closed in consequence. No costs.
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A. RAMALINGESWARA RAO, JDate: December 30, 2014BSB
20HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.25756 of 2009WRIT PETITION No.25758 of 2009andWRIT PETITION No.25764 of 2009
BSB
Date: December 30, 2014