Supreme Court · 2013 INSC 673 · Decided 4 October 2013
M/S Kulja Industries Limited v. Chief GEN. Manager W.T. PROJ. Bsnl and ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 673 · [2013] 14 S.C.R. 430
- Case number
- CIVIL APPEAL No. 8944/2013
- Decided
- 4 October 2013
- Bench
- T.S. THAKUR, VIKRAMAJIT SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 32
Headnote
Contract - Contract with Government Company - For supply of goods - Purchaser black-listed the supplier C permanently on the ground that it committed gross misconduct and irregularities by receiving excessive payments from the purchaser - Held: Power to black-list a contractor is allotting the contract - But if such decision is taken by State or its instrumentalities, it is subject to judicial D review and open to scrutiny on the touchstone of fairness, relevance, natural justice, non-discrimination, equality and proportionality - 'Debarment' though recognised as an
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