HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2307/2025 CM No. 5338/2025 Health Biotech Ltd. …..Petitioner(s) Through: Mr. Varut Kumar Gupta, Advocate. Vs UT of J&K & Ors. .…. Respondent(s) Through: Mr. Raman Sharma, AAG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 25.08.2025 1. The petitioner has challenged order No. 34-JKMSCL of 2025 dated 18.06.2025 issued by the respondent No. 3-Managing Director, J&K Medical Supplies Corporation Ltd. whereby the petitioner has been blacklisted for a period of two years from the date of issuance of the said order. Besides this, the EMD(s) submitted by the petitioner firm has been directed to be forfeited. 2. Issue notice to the respondents. 3. Mr. Raman Sharma, learned AAG accepts notice on behalf of the respondents. 4. The grievance of the petitioner is that the impugned order has been passed by the respondent No. 3 without hearing it. It has been submitted that it was incumbent upon the respondent No. 3 to give an opportunity of hearing to the petitioner firm prior to passing the impugned order which is prejudicial to its rights. According to the Sr. No. 10 2 WP(C) No. 2307/2025 petitioner, it had filed reply to the show cause but the same has not been considered by the respondents. 5. Learned counsel for the respondents has submitted that the petitioner was served with a show cause notice dated 30.05.2025 asking him to submit its reply within seven days. It is submitted that the petitioner in response to the said show cause notice sought seven days time to submit its reply but did not file any reply. 6. Heard and considered. 7. It appears that the petitioner has filed reply to the show cause notice on 18.06.2025. It seems that by the time the petitioner’s reply reached the respondents, the impugned decision had already been taken without considering the reply of the petitioner. 8. Having regard to the nature of relief that is being sought by the petitioner and keeping in view the aforesaid facts, the petition can be disposed of at its threshold itself by extending appropriate directions to respondent No. 3 to consider the reply already submitted by the petitioner alongwith any fresh representation that may be made by it. 9. Accordingly, the writ petition is disposed of with liberty to the petitioner to file a representation before respondent No. 3 within a period of ten days from today. In case, the representation is filed by the petitioner within the aforesaid period before the respondent No. 3, the same shall be considered by the said respondent after hearing 3 WP(C) No. 2307/2025 the petitioner and a decision shall be taken thereon in accordance with law. 10. Till such time, the representation is decided by the respondent No. 3, the impugned order dated 18.06.2025 shall remain in abeyance. However, it is made clear that if no representation is made by the petitioner within a aforesaid period, the impugned order shall revive upon expiry of ten days’ time. 11. Disposed of. (SANJAY DHAR) JUDGE JAMMU 25.08.2025 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Shivalee Khajuria 2025.08.28 13:55 I attest to the accuracy and integrity of this document Jammu