Kerala High Court stays the operation of Government of Kerala Order barring PwC from participating in its E&IT Department projects

December 4, 2020

Shardul Amarchand Mangaldas & Co. (SAM & Co.) acted for M/s PricewaterhouseCoopers Limited (“PwC”) in a case against Government of Kerala, Electronics and Information Technology (B) Department.

The Kerala High Court today stayed the operation of the Government of Kerala order dated 27 November 2020, by way of which it had barred PwC from participating in its E&IT Department projects for a period of 2 years. The order stating that “Government of Kerala have decided to bar M/s PricewaterhouseCoopers Limited from participating in projects in Electronics and Information Technology Department for a period of two years from the date of issuance of this order”. PwC challenged this order before the Kerala High Court. The matter was listed for hearing today before the Kerala High Court.

The Advocate General appearing for the State of Kerala while requesting for time to seek instructions regarding the matter, stated that from a perusal of the order it appeared that the same had been passed without issuing any show cause notice or affording any opportunity of hearing to PwC.

In view of the submissions made by the counsels, the Kerala High Court stayed the operation of the order dated 27 November 2020 and re-notified the matter for 16 December 2020.

The SAM & Co. team was led by Anuj Berry, Equity Partner; Aashish Gupta, Partner; Aditya Mukherjee, Principal Associate; Krishna Tangirala, Associate; and Rakshit Akshay Jha, Associate.

PwC was represented by Mukul Rohatgi, Sr. Advocate who submitted that the order was passed without issuing any show cause notice to PwC.