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2023 Supreme(Chh) 732

NARENDRA KUMAR VYAS
South Eastern Coalfields Ltd. – Appellant
Versus
M. R. Beltings – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.B. Agrawal, Sr. Adv. with Mr. Vinod Deshmukh, Adv.
For the Respondents: Mr. Vaibhav A. Goverdhan, Adv.

Table of Content
1. supply order details and delays (Para 1)
2. petitioner's challenge on jurisdiction (Para 2)
3. respondent's defense on maintainability (Para 3 , 4)
4. court's analysis on jurisdiction aspects (Para 5 , 6)
5. mandatory pre-deposit requirement (Para 7)
6. court's conclusion on petitioner rights (Para 8 , 9)
7. final order disposing of the petition (Para 10)

ORDER :

(Narendra Kumar Vyas, J.)

The petitioner in his usual course of business has issued supply order to respondent No. 1 for supply of 5400 mtrs. of 1000 mm FR grade rubber conveyor belt on 18.05.2014. As per supply order, the respondent No. 1 was to complete the supply of entire material up to 02.08.2014 but the firm after expiration of time schedule given for each of supply, has supplied the material on 18.08.2014 and 14.09.2014 to the tune of 2443 mtrs. and balance quantity was required to be supplied to the tune of 2957 mtrs.

2. Learned counsel for the petitioner would submit that the respondent was requested to supply the material within stipulated time period but the firm failed to supply the balance quantity of 2957 rubber belting despite the extension of the said delivery period but no supply was made. Therea

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