Full Bench Of MP High Court Hears Blacklisting Case Of IMC Contractor, Next Hearing On September 1 & 2

Indore (Madhya Pradesh): The full bench of the Madhya Pradesh High Court, currently hearing a significant case concerning the blacklisting of a contractor by Indore Municipal Corporation (IMC), on Wednesday listened to arguments presented by the petitioner’s counsel.

Advocate Amit Mishra, representing Nitin Enterprise, presented his arguments before the five-judge bench comprising Chief Justice Sanjiv Sachdeva, Justice Vivek Rusia, Justice Vivek Agrawal, Justice Subodh Abhyankar and Justice Vinay Saraf. The bench has scheduled the next hearing for September 2.

This marks a first in Indore's judicial history, where a five-judge full bench is hearing a case at the Indore bench of the High Court.

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The matter relates to IMC's decision to terminate a contractor agreement on October 30, 2020, and blacklist the firm for three years.

The case has raised an important legal question: Should such disputes be referred to an arbitration tribunal, or is a separate appellate forum necessary when blacklisting is involved?

Earlier, a three-judge bench held that the losses incurred by a blacklisted company could be quantified monetarily, and the matter could be resolved via arbitration. However, a division bench later disagreed, creating a judicial conflict that required consideration by a larger bench.

On Wednesday, arguments remained incomplete, leading the court to adjourn the hearing. The matter will now be taken up again on September 1 and 2.