Gujarat High Court: Dr A.P. Thaker, J. declined the prayer for the grant of interim relief after considering the averments and documentary evidence on record.

The petitioner had challenged an order passed by the respondent which blacklisted the petitioner due to which it was unable for him to take part in a new tender which was floated by the respondent. Dixa Pandya, advocate for the petitioner also stated that the blacklisting is hampering the petitioner’s reputation.

Per Contra Dr Venugopal Patel submitted that the petitioner was unable to fulfill the earlier responsibilities and the petitioner was not able to give any reasonable explanation for the same in addition to which a show-cause notice was also served to the petitioner which does not give him a chance to put up his case.

The Court while dismissing the application for the grant of interim relief clarified that the respondent had floated the necessary guidelines with certain conditions to the petitioners which were accepted by the petitioner and the petitioner was given proper opportunity in every case to be heard the petitioner, however, can move to respondent for reconsideration for the decision of blacklisting. [Bindiya Enterprise v. State of Gujarat, 2019 SCC OnLine Guj 1, Order dated 01-01-2019]

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