JUDGMENT :

A.S. Chandurkar, J.

RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The challenge raised in this writ petition is to the order dated 08.12.2021 that has been issued by the Area General Manager, Umrer Area of the Western Coalfields Limited by which the work order issued to the petitioner pursuant to the tender notice dated 20.02.2016 has been terminated and the performance security deposit furnished by the petitioner has been forfeited. In addition, the petitioner has been debarred from participating in future tenders of the Western Coalfields Limited for a period of three years.

3. The facts giving rise to the present writ petition are that the petitioner is a company incorporated under the Companies Act, 1956 and is engaged in the business of excavation as well as mining of coal and other allied services. On 20.02.2016, the Western Coalfields Limited issued a tender notice inviting bids for three jobs with duration of 83 months. As per Clause 6.2 of the tender notice if there was failure on the part of the Contractor to complete the work within the agreed time and also to maintain the progress of that work, the Contractor was liable to