- (1.) This appeal is directed against the interim order dated 23rd February, 2015 wherein the learned Single Judge refused to pass any interim order. In order to understand the stand of both the parties so far as the issue in question, it would be just and proper to narrate the facts in brief that led to the present situation.
(2.) The writ petitioner is a limited company in the field of manufacturing and sale of Ductile iron pipes (known as D.I. Pipes). We are concerned with the notice inviting tender published by the authorities on 31st January, 2014 for supply and delivery of D.I. Pipes. In response to this tender, apparently the appellant offered his tender. Apart from rejecting, the said tender the appellant was black listed for a period of three years with retrospective effect from 19th February, 2014. The main contention of the appellant seems to be that the deficit or the misleading facts placed on record in the form of declaration which was required to be submitted along with the tender at the most may call for dis -qualification but the same cannot justify black -listing the appellant from participating in the tender process for the next three years, as stated above.
(3.) The dispute or the controversy between the parties relates to the details indicated in the declaration form which is at page -70 of the stay application. According to the appellant in terms of the tender invitation all the details without concealing any fact were brought on record before the authorities, hence there was no justification for blacklisting. According to the stand of the respondent authority there are non -disclosures of several important materials disclosing details as indicated in the declaration which were not only misleading but amounted to suppression of material facts relating to the value. Therefore, there was justification on their part in blacklisting the appellant. Hence, the impugned order is justified.;