LAWS(MAD)-2022-7-241

GA DIGITAL WEB WORD PVT. LTD. Vs. BHARAT HEAVY ELECTRICALS LTD.

Decided On July 07, 2022
Ga Digital Web Word Pvt. Ltd. Appellant
V/S
BHARAT HEAVY ELECTRICALS LTD. Respondents

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The petitioner challenges the order dtd. 6/1/2020 passed by the respondent whereby the petitioner was blacklisted for three years and also the order dtd. 24/2/2021 whereby the respondent declined to revisit the issue.

(3.) The petitioner is a registered company. The respondent floated a tender process for awarding manpower contract for various areas of Logistics Department, at BHEL, Trichy on 18/2/2019. The petitioner participated in the same. The petitioner projected themselves as an MSME registered vendor. During the technical valuation by the respondent, the petitioner was asked to submit CA certificate as a supporting document of MSME certificate. The petitioner produced the document said to have been issued by M/s.Shiv and Associates, Chartered Accountants. The respondent cross checked the authenticity of the said certificate with M/s.Shiv and Associates, Chartered Accountancy firm. The Chartered Accountancy firm informed the BHEL that they had not issued the said certificate. Thereupon show cause notice dtd. 16/8/2019 was issued. The petitioner gave their reply dtd. 31/8/2019. After considering the same, ban order was passed on 6/1/2020 blacklisting the petitioner for three years and the same was amended on 30/1/2020. The petitioner thereupon submitted a representation seeking reconsideration. The petitioner's request was negatived vide communication dtd. 24/2/2021. Thus the order blacklisting the petitioner that stood confirmed. Hence, this writ petition came to be filed.