VidhiSangh

Supreme Court of India · 18/04/2023

ISOLATORS AND ISOLATORS THROUGH ITS PROPRIETOR MRS. SANDHYA MISHRA versus MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN CO. LTD. AND ANR

[2023] 4 S.C.R. 445 · 2023 INSC 390

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Summary

A transformer manufacturer was debarred for three years from the tenders of a Madhya Pradesh distribution company and penalised Rs. 27,98,960 at the maximum rate of 10% for non-supply under two purchase orders, although the company had itself deferred the balance deliveries 'until further instructions' and never withdrew that deferment. The High Court upheld the debarment with a minor modification, ignored the challenge to the penalty and summarily dismissed review. The Supreme Court quashed both orders: the show-cause notice referred only to debarment so the penalty travelled beyond it, the maximum penalty was imposed without reasons or quantified loss, and the entire blame for non-supply could not be foisted on the supplier when the purchaser had deferred deliveries. The appeal was held maintainable despite an earlier withdrawn special leave petition.

Issues

  1. Whether a penalty can be imposed on a contractor when the show-cause notice proposed only debarment and did not indicate the proposed imposition of penalty.
  2. Whether an order debarring a supplier for three years for non-supply can stand where the purchaser had itself deferred the balance deliveries until further instructions and issued none before cancelling the purchase orders.
  3. Whether appeals against the High Court's original order are maintainable after an earlier special leave petition was withdrawn with liberty and a review petition was summarily dismissed.

Provisions considered

Held

Result

Appeals allowed; High Court orders dated 23.04.2021 and 13.12.2021 set aside and the writ petition allowed; the debarment order dated 30.07.2020 and penalty order dated 17.08.2020 quashed; the debarment annulled for all purposes and not to operate in any future tender; no recovery to be made under the penalty order, and any amount recovered to be refunded within a month failing which it carries simple interest at 9% per annum from the date of recovery; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 445.