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1993 Supreme(Pat) 350

S.B.SINHA, NARAYAN ROY
Industrial Fuel Company Private Limited – Appellant
Versus
Heavy Engineering Corporation Limited – Respondent


Judgment

S.B.Sinha, J.

1. In this application, petitioner has prayed for issuance of an appropriate writ directing the Respondent-Corporation to forbear from giving effect to or acting in pursuance of the letter dated 11-6-1993 issued by Respondent No. 2 as contained in Annexure-22 to the writ application and other incidental reliefs.

2. The fact of the matter lies in a very narrow compass.

3. The Respondent-Corporation invited tender for sale of 20, 000 Metric Tonne of Slack coal on or about 30-12-1992 which is contained in Annexure-1 to the writ application and pursuant thereto the petitioner along with others submitted tenders, In the said tender the respondents asked for an offer of price for selling Slack coal left over after meeting the requirement of coal (ID Grade non-coking long flame). In the said tender it was further mentioned that stales tax and other levies, excise duty etc, shall be payable extra as applicable on the date of delivery.

4. According to the petitioner by reason of a letter dated 20th February, 1993 as contained in Annexure-10 to the writ application, a request was made to the respondents to provide the specification of coal and in reply thereto by letter



























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