Case Law Details
State of M.P Vs Nidhi (I) Industries (Madhya Pradesh High Court)
Held that provisions of section 11(6) are judicial one and hence principal of opportunity of hearing or putting other party to notice is imperative. In absence of issuance of notice u/s 11 of A&C Act, order and proceedings gets vitiate.
Facts- An agreement was executed in year 2015 between Director General of Police, Government of Madhya Pradesh on behalf of the Governor of Madhya Pradesh and respondent for installation of CCTV Cameras in High Court Premises, Bench at Indore. CCTV were installed at High Court premises. However, the petitioner found the cameras to be of inferior quality. Hence, it blacklisted the respondent for a period of 1 year.
The respondent filed a writ petition against the order of blacklisting which was dismissed by the High Court and the review petition against that order was also dismissed, thereafter, the respondent preferred an SLP that dismissed with the liberty to respondent to file a fresh representation before the petitioner/competent authority.
Again, the representation of the respondent was dismissed by the petitioner. Hence, the respondent challenged the decision of the petitioner in a writ petition which was dismissed while giving liberty to respondent to avail the conciliation /arbitration clause available under the agreement in question.
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