M/S Asphaultine INDIA And Another vs. Union Of INDIA And Another
Facts
The petitioners, M/s Asphaultine India and another, filed a writ petition seeking to quash an order dated 30.09.2023, issued by Bharat Petroleum Corporation Limited (BPCL). This order directed the petitioners to deposit a sum of Rs.8,16,709.10 plus applicable GST within 10 days, failing which the amount would be adjusted from future payments or bank guarantees would be revoked. The petitioners contended that the impugned order was passed without providing them with a show cause notice or an opportunity to be heard. Counsel for BPCL stated that the order was not conclusive and that the petitioners would be afforded a hearing before any final decision. They were also given four days to submit a response to the order dated 30.09.2023.
Held
The Court disposed of the petition based on the statement made by the learned counsel for the respondent-Corporation. The respondent-Corporation undertook that before any final decision or order is passed, the petitioners would be afforded a hearing. The date for this hearing would be communicated to the petitioners. Furthermore, the petitioners were granted liberty to submit a response/reply to the order dated 30.09.2023 within four days from the date of the hearing. The petitioners' counsel agreed to this arrangement and stated that the petitioners would file their response within the indicated time. No specific finding was given on the validity of the order dated 30.09.2023 itself, as the matter was resolved through the respondent's undertaking and the petitioners' acceptance of the proposed procedure.
Key Issues
1. Whether the order dated 30.09.2023, directing the petitioners to deposit a sum of Rs.8,16,709.10+GST, is liable to be quashed on the ground of violation of principles of natural justice, specifically the absence of a show cause notice and an opportunity of hearing, as argued by the petitioners. 2. Whether the respondent-Corporation's undertaking to provide a hearing and allow the petitioners to submit a response before passing a final decision resolves the grievance raised by the petitioners. Petitioner's contention: The impugned order is bad in law as it was passed without issuing a show cause notice and affording an opportunity of hearing to the petitioners, violating the principles of natural justice. Respondent's contention: The order dated 30.09.2023 is not conclusive. The petitioners will be afforded a hearing before any final decision is taken, and they may submit a response within four days.
AI-generated summary — verify with the full judgment below
1 2023:PHHC:130185-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22625-2023 (O&M) Date of Decision:
10
.2023 M/s Asphaultine India and another ......Petitioners Versus Union of India and another ...... Respondents CORAM: HON'BLE MR. JUSTICE ARUN PALLI, JUDGE
HON'BLE MR. JUSTICE HARKESH MANUJA, JUDGE Present : Mr. Shivam Sharma, Advocate, and Mr. Dilmirg Nayani, Advocate, for the petitioners. ARUN PALLI, J.
(Oral)
: The petitioners pray for a Certiorari to quash the order dated 30.09.2023 (P-1), issued by Bharat Petroleum Corporation Limited, vide which they have been directed to deposit a sum of Rs.8,16,709.10+GST, as applicable, at the earliest (within 10 days), failing which, the said amount will be adjusted/deducted from the payments that are due to the petitioners or by revoking the bank guarantees. Learned counsel for the petitioners contends, inter alia, that before passing the impugned order (ibid), neither the petitioners were served with any show cause notice nor afforded opportunity of hearing, to set-forth their response/defence, and thus, the same is required to be set aside on that ground alone. Served with the advance
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