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2014 Supreme(Bom) 1045

B.P.DHARMADHIKARI, P.R.BORA
Punya Coal Roadlines through its proprietor Yugpradhan – Appellant
Versus
Western Coalfield Limited, Coal Estate, Civil Lines, through its Managing Director-cum-Chairman – Respondent


Advocates Appeared:
For the Petitioners:M.G. Bhangde, Senior Advocate with V.V. Bhangde, R.M. Bhangde, S.N. Tapadia, Advocates.
For the Respondents:Anil Kumar, Advocate.

JUDGMENT

B.P. Dharmadhikari, J.

1. Petitioner 3-A before us is a joint venture firm (JV) of other petitioners and all of them challenge the order dated 19.2.2014 by which the Letter Of Allotment i.e. LOA of the contract of petitioner to supply hiring of equipments (HOE) for removal of overload burden of Padmapur opencast mine came to be cancelled and its earnest money deposit of Rs.42,76,100/- came to be forfeited. Similarly, the said JV and its all constituent firms or partners are debarred from participation in future tenders which may be floated by respondents for a period of one year. Letter of allotment by respondent is dated 20.9.2013 and as per the petitioners, as site was placed in its possession on 12.11.2013, events prior to that date are not decisive and not relevant. Clause 6 of Letter Of Allotment (LOA) is relied upon to urge that it casts obligation upon petitioners to commence work within 10 days thereafter. Show cause notice dated 18.10.2013 asking it to commence the work immediately therefore became redundant. Again another show cause notice was issued for very same purpose on 29.11.2013 and impugned order dated 19.2.2014 is passed in pursuance thereof.

2. On the 11.












































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