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2022 Supreme(Chh) 260

ARUP KUMAR GOSWAMI, PARTH PRATEEM SAHU
Rana G Power Co. Through its Authorized Representative, Mr. Satish Singh Tiwari S/o. Lt. Shri Mahaveer Singh Tiwari – Appellant
Versus
South Eastern Coalfields Limited Through its Chairman cum Managing Director – Respondent


Advocates Appeared:
For the Petitioner:Mr. Aman Saxena, Advocate
For the Respondents:Mr. Vaibhav Shukla and Ms. Astha Shukla, Advocates

ORDER :

Parth Prateem Sahu, J.

1. Petitioner by way of filing this writ petition under Article 226 of the Constitution of India has challenged the letter of communication of order dated 03.11.2021 (Annexure P/1) whereby Letter of Intent ('LOI') bearing No.SECL:BSP:CMC:1050 dated 24.08.2021 was cancelled, petitioner firm was banned from participating in any future tender in South Eastern Coalfields Limited ('SECL') and subsidiaries of Coal India Limited ('CIL') for a period of 24 months and imposed penalty of Rs.31,38,12,832.28 (Rupees Thirty One Crore Thirty Eight Lakh Twelve Thousand Eight Hundred Thirty Two and Paise Twenty Eight only).

2. Facts relevant for disposal of this writ petition, are that, petitioner is a joint venture of Ranavir Projects & Goldmine Power Infrastructure Industries engaged in civil constructions and other works. Respondents issued e-Tender (Annexure P/2) vide Tender Notice No.SECL/BSP/CMC/e-Tender/450 dated 13.05.2021 for “Hiring of Vertical Ripper machines or other suitable strata cutter machines to be used as primary extraction machine for blast less excavation in all kinds of strata/overburden/in seam bands on per cum basis and hiring of HEMM for excava

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