JSA successfully represented Vinci Global Private Limited (“Vinci”) before the High Court of Telangana in a writ petition filed under Article 226 of the Constitution of India (“Writ Petition”). The petition challenged a suspension letter dated October 14, 2024 (“Suspension Letter”), issued by Energy Efficiency Services Limited (“EESL”), which barred Vinci from participating in EESL’s tendering processes for one year.
Vinci had participated in a tender floated by EESL for the installation and maintenance of LED streetlights in Telangana. After submitting its bid, and before any letter of award was issued, Vinci withdrew from the tender process citing its financial situation. Subsequently, EESL issued the Suspension Letter, effectively blacklisting Vinci for a period of one year, without providing a prior show-cause notice or an opportunity to be heard.
Vinci approached the High Court, arguing that the suspension/blacklisting order was issued in blatant violation of the principles of natural justice, was arbitrary, and would cause irreparable damage to its business and reputation. Vinci contended that such a severe action, which has civil consequences, cannot be taken without affording a fair hearing.
By its final order dated July 2, 2025, the High Court of Telangana allowed the Writ Petition and set aside the Suspension Letter. The Court held that an order of blacklisting, which has severe consequences, cannot be sustained without following the principles of natural justice. The Court noted that EESL had failed to provide a show-cause notice or an opportunity for a hearing to Vinci before passing the impugned order, rendering it unsustainable in the eyes of the law.
Legal Team
The matter was led by Harshavardhan Abburi (Partner), supported by the Constitutional & Administrative Law Litigation Team, including:
- Poojitha Babbepalli, Principal Associate
- Manoj Bhukya, Associate
- Pooja Gandhi, Associate
- Phanindranath Chowdary Ponneganti, Associate
Harsha has worked extensively in Litigation and Corporate Commercial matters. He has appeared and advised on various Forums including High Court, NCLT, Civil Courts, Consumer Commissions, etc.