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Law On Blacklisting

S. No. Particulars Legal Point Discussed Page No.


1. Erusian Equipment & Chemicals Ltd v. Concept of Blacklisting 1-7
State of West Bengal (1975) 1 SCC 70 evolved and explained.
Opportunity of hearing
before blacklisting is a
pre-requisite.
2. Raghunath Thakur v. State of Bihar Opportunity of hearing 8-9
(1989) 1 SCC 229 before blacklisting is a
pre-requisite
3. Southern Painters v. Fertilizers & Opportunity of hearing 10-14
Chemicals Travancore Ltd. and Another before blacklisting is a
1994 (2) SCC Supp 699 pre-requisite
4. Grasons Pharmaceuticals (P) Ltd v. To furnish the material 15-17
State of UP and others (2001) 8 SCC based upon which
604 charge of blacklisting
has been framed is not
a requirement of audi
aultrem partem
5. Jagdish Mandal v. State of Orissa and Scope of Judicial 18-37
others (2007) 14 SCC 517 Review in the
Contractual Matters
(Blacklisting)
6. Gorkha Security Services v. Show Cause notice 38-57
Government (NCT of Delhi) (2014) 9 must mention the fact
SCC 105 that the Blacklisting is
proposed.
7. Kulja Industries Limited v. Chief Blacklisting/ debarment 58-71
General Manager (2014) 14 SCC 731 is not permanent, such
period depends on
nature of offence
committed by erring
contractor.
8. Caretel Infotech Limited v. Hindustan Mere issuance of Show 72-86
Petroleum Corporation Limited and cause notice would not
others (2019) 14 SCC 81 imply that the
blacklisting process has
been initiated.
9. Daffodills Pharmaceuticals Ltd. and Opportunity of hearing 87-90
Another v. State of UP and another before blacklisting is a
(2020) 18 SCC 550 pre-requisite
10. Medipol Pharmaceuticals India Pvt. Ltd. Order of Blacklisting 91-98
v. PGIMER 2020 SCC Online SC 638 without an ample
opportunity of hearing
is must.
11. UMC Technologies Private Limited v. Prior Show cause 99-111
Food Corporation of India and another Notice is essential and
(2021) 2 SCC 551 it must spell out all
essentials of initiating
action of blacklisting.
12. Vetindia Pharmaceuticals Limited v. Form and Content of 112-119
State of Uttar Pradesh (2021) 1 SCC Show Cause Notice
804 must be specified.
Blacklisting is not
permanent.
Government must
formulate guidelines to
minimize the
possibility of
arbitrariness or
unfairness.

Submitted by:-
Ankur Mittal &
Kushaldeep K Manchanda, Advocates

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