HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12845 of 2020 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Shyam Mani Shukla, learned counsel for the private respondents. 2. The petitioner by means of present writ petition has assailed the order dated 27.05.2020 passed by Nagar Ayukt, Nagar Nigam, Agra and the order dated 27.06.2020 passed by Upper Nagar Ayukt, Nagar Nigam Agra. 3. It has been informed by Sri Shyam Mani Shukla, learned counsel for the respondents that so far as the recovery of amount from the petitioner as indicated in the said order is concerned, the matter has been referred to the arbitrator and the arbitrator has passed an award in which the arbitrator found that no money is due from the petitioner to the respondent rather the petitioner is entitled to receive money from the Nagar Nigam, Agra and in compliance of the award passed by the arbitrator on 08.08.2022 the award of the arbitrator has been executed and the awarded amount by the order of Presiding Officer, Commercial Court No.2, Agra dated 07.11.2023 bearing Case No.Ex 446/2023 has been recovered from the account of the respondent from the Bank directly. 4. In such view of the fact, the liability of petitioner in respect to the amount mentioned in the impugned order is misconceived and is set aside. We find that the petitioner's firm was blacklisted on the ground that petitioner's firm has not been deposited the amount which the petitioner was liable to pay under the impugned orders. Since there was no amount due to the petitioner from the respondent rather the petitioner was entitled to recover the amount Versus Counsel for Petitioner(s) : Virendra Singh Counsel for Respondent(s) : C.S.C., Shyam Mani Shukla M/S Arva Associates .....Petitioner(s) Agra Nagar Nigam And 4 Others .....Respondent(s) as awarded by the arbitrator, therefore, the ground for blacklisting the petitioner from participating in future tender is also not sustainable in law. 5. Thus, for the reasons given above, the order dated 27.05.2020 passed by Nagar Ayukt, Nagar Nigam, Agra and the order dated 27.06.2020 passed by Upper Nagar Ayukt, Nagar Nigam Agra are set aside. 6. Accordingly, the writ petition is allowed. September 25, 2025 Mohit WRIC No. 12845 of 2020 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad