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2025 DAILYLAW 61365 (ORI)

M/S SUNA INDUSTRIAL ENGINEERING COMPANY, AMALPADA v. NALCO, DAMANJODI

WP(C)/32050/2023 · 2025-02-28

K R Mohapatra, Sanjay Kumar Mishra

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32050 OF 2023 M/s. Suna Industrial Engineering Company, Amalpada …. Petitioner Mr. N. C. Rout, Advocate -versus- National Aluminum Company, Koraput and others …. Opp. Parties Ms. S. Gumansingh, Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 28.02.2025 W.P.(C) No.32050 of 2023 & I.A. No.1861 of 2025 04. 1. This matter is taken up through hybrid mode. 2. I.A. No.1861 of 2025 has been filed by the Petitioner for withdrawal of the writ petition. 3. Petitioner in this writ petition prays for the following relief:- “It is therefore, humbly prayed that your Lordships may graciously be pleased to admit this Writ petition and issue a Rule NISI to the opp. parties to show cause as to: 1. Why the order dated 4.3.23 passed by the opposite party no 4 vide Annexure 3,in which banned/debarred the petitioner from participating in future tender of NALCO for a period of one year was not be set aside. 2. Why the opposite party no.l will not be directed to reconsider the representation dated 27.3.23 of the petitioner vide Annexure 4 within a stipulated time. If the opposite parties don't show cause or show insufficient cause then the rule be made absolute by issuing appropriate writ (s), order(s), direction (s) as deem fit and proper. And for this act of kindness, the Petitioners shall as in duty bound ever pray.” 4. Vide order dated 04.03.2023, the Petitioner was banned/debarred from participating in any tender floated by NALCO for a period of one year from the date of the order. Learned Counsel for the Petitioner submits that in the meantime, the ban period has already elapsed. Hence, the matter has become infructuous. Accordingly, he prays for withdrawal of the Writ Petition. 5. In view of the above, the I.A. is allowed and the writ petition is disposed of as withdrawn. 6. Both the I.A. and the writ petition are disposed of accordingly. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Banita Designation: SR. STENOGRAPHER