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M/S TIRUPATI CONSTRUCTION v. THE STATE OF CHHATTISGARH

Supreme Court of India | Diary 25816/2024

Status

Order

Decided On

2024-12-06

Bench

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

M/S TIRUPATI CONSTRUCTION

Respondent

THE STATE OF CHHATTISGARH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).14039 OF 2024 (ARISING OUT OF S.L.P (CIVIL) NO(S).13786/2024)

M/S TIRUPATI CONSTRUCTION & ANR. APPELLANT(S)

VERSUS

THE STATE OF CHHATTISGARH & ORS. RESPONDENT(S)

O R D E R

Heard the learned counsel appearing for the parties.

Leave granted.

Perused the counter affidavit filed by the fourth and fifth

respondents.

In our view, if the fourth and fifth respondents want to

blacklist the appellants, they will have to serve a proper show-

cause notice to the appellants and thereafter, give them an

opportunity to file a reply and of being heard.

Without recording any findings on merits, we set aside that

part of the order dated 4th March, 2024 (Annexure P-10 to the

Appeal) by which the appellants have been blacklisted and

restrained from participating in all the tenders of the Municipal

Corporation for next three years. By setting aside this direction,

we permit the fourth and fifth respondents to issue a fresh show-

cause notice to the appellants, give them a reasonable opportunity

to file a reply to the show-cause notice and thereafter, give an

opportunity of being heard to them.

1

With the above directions, the Appeal is allowed.

..........................J. (ABHAY S. OKA)

..........................J.

(AUGUSTINE GEORGE MASI...

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