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2013 Supreme(Gau) 96

S.R.SEN
N. E. Trade & Transport – Appellant
Versus
Food Corporation of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. G.N. Sahewalla, Sr. Advocate, Mr. D. Senapati, Mr. S. Jindal & Mr. S. Nama
For Respondents/Defendant:Mr. K.S. Kynjing, Sr. Advocate & Mr. H. Kharmih

JUDGMENT

S.R. Sen, J.

1. The instant five writ petitions, namely (1) W.P.(C) (SH) No. 1 of 2013; (2) W.P.(C) (SH) No. 2 of 2013; (3) W.P.(C) (SH) No. 3 of 2013; (4) W.P.(C) (SH) No. 4 of 2013 and (5) W.P.(C) (SH) No. 5 of 2013, are directed against the impugned action on the part of the respondent authorities in deducting the amounts from the running bills of the petitioners towards alleged demurrage, costs, damages, registration fees, charges and expenses allegedly suffered or incurred by the Corporation due to contractors' negligence and un-workmen like performance without causing any enquiry in terms of Clause 10(a) as contained in Annexure-I to the tender document entitled "Terms and Conditions governing contracts for transportation of food grains from Depots/Mandis/Railheads, etc." Since the facts and circumstances of W.P.(C) (SH) No. 1 of 2013; W.P.(C) (SH) No. 2 of 2013; W.P.(C) (SH) No. 3 of 2013; W.P.(C) (SH) No. 4 of 2013 and W.P.(C) (SH) No. 5 of 2013 are same and in similar nature, all the cases are taken up for hearing and disposal by a common judgment and order.

2. Heard learned counsel for the petitioners, Mr. D. Senapati, who submits that the petitioners entered into a







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