Sanjeev Prakash Sharma, J. - (1.) The petitioner is a micro scale manufacturing enterprise engaged in manufacturing and supply of submersible pump sets. It is registered with Government of Rajasthan (Industries Department) for supplying of submersible pump sets. It has also been registered for manufacturing of wires and cables in the year 2014.
(2.) The petitioner has filed this petition praying for quashing and setting-aside the order dated 28.11.2016 whereby following actions have been taken against the petitioner:- (a) petitioner has been debarred from business with the department for two years from the date of order i.e. 28.11.2016 (b) forfeiture of security deposit of amount of Rs.10,49,700/- (c) recovery under risk and cost purchases (d) withholding of pending payment. The petitioner has also prayed to direct the respondents to release the security deposit and to restrain from making coercive recovery for any risk and cost purchases.
(3.) At the outset, it may be noted that so far as the recovery under risk and cost purchase is concerned, the petitioners have submitted in their written submission that there has been no purchases made till today, and therefore no recovery orders have been issued in this regard and prayer regarding recovery is not pressed. As regards the withholding of pending payments, payment of Rs.4 crores for supplies made against different work contracts for the year 2015-16 has been withheld. The present case came up before the Court as the petitioner was not being allowed to participate in any tenders which have been floated during the period of pendency of this writ petition, and therefore, request was made to hear the case finally on 23.03.2018. This Court had refused to grant stay or direct the respondents to allow the petitioner to participate till the black list order is in force as it would have amounted to allowing the writ petition. In the circumstances, the arguments were heard and concluded finally on 16.05.2018. During pendency of the writ petition, additional documents, counter affidavits, rejoinder, reply to the additional affidavits have been filed from both the sides.;