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2021 Supreme(Chh) 251

P. R. RAMACHANDRA MENON, PARTH PRATEEM SAHU
SBJ Projects (P) Ltd. – Appellant
Versus
South Eastern Coalfields Limited, through its Chairman-cum-Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Aman Saxena, Advocate.
For the Respondents:Ms. Astha Shukla, Advocate.

ORDER :

P.R. Ramachandra Menon, J.

1. 'Correctness and sustainability' of Annexure P/1 proceedings to the extent it has 'ordered' forfeiture of the Earnest Money Deposit (for short 'the EMD') and the subsequent Annexure P/2 order whereby the Letter of Intent (for short 'the LoI') has been cancelled, EMD has been forfeited, Blacklisting has been 'enforced and ordered' for a period of 24 months and a Penalty of Rs.5,4068,855.43 has been imposed; is put to challenge in this writ petition.

2. The sequence of events shows that Annexure P/4 tender notice was issued by the 1st Respondent on 03.12.2019 inviting bids for (i) hiring of pay loader for mechanical transfer of coal into tippers at stock yard, (ii) hiring of tippers for transportation of coal from coal stock yard for a certain quantity and duration of time. On coming out successful in the tender and on getting placed at L-1, the Petitioner was awarded Annexure P/5 LoI on 15.02.2020, informing that the EMD of Rs. 15,04,900/- remitted by the Petitioner would be retained by the 1st Respondent, to be adjusted against the Performance Security Deposit (for short, 'the PSD') to be satisfied (Rs. 40,07,449/-) within 28 days and further aler

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