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2014 Supreme(Jhk) 380

R.BANUMATHI, SHREE CHANDRASHEKHAR
Ridhi Sidhi Transport – Appellant
Versus
Central Coal Fields Limited – Respondent


Advocate Appeared:
For the Appellant:M/s Ajit Kumar & Kumar Sundaram, Advocates.
For the Respondents: Mr. Bhaiya Vishwajeet Kumar, Adv.

ORDER

The present appeal is directed against the order dated 15.04.2013 passed in W.P.(C) No. 2066 of 2012 dismissing the writ petition filed by the appellant and declining to quash the order dated 10.01.2012 imposing penalty upon the appellant for final settlement of transport bills of coal.

2. The respondent-CCL had notified one tender vide tender notice No. CGM (CMC) Kuju Area/2010/27 dated 13.07.2010 for the work of loading and transporting of coal from Pundi OCP stock to Kedla Washery for a period of one year. The petitioner was awarded the said tender and the work order was issued on 03.11.2010 for a distance 25-28 k.m. and the quantity to be transported had been 4,00,000 M.T. and the value of the contract work awarded to the appellant had been Rs.387.04 lakh. Pursuant to the decision of the Tender Committee, Letter of Intent contained in Memo No. 225 dated 07.10.2010 was issued in favour of the appellant and the appellant had entered into an agreement with the respondent on 15.11.2010. The appellant was also awarded another contract from Pundi OCP Stock to NR Siding for a distance of 16.95 k.m. vide N.I.T. No. CGM (CMC) Kuju Area/2010/28 dated 13.07.2010 and the work order was






































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