VIRENDER SINGH, APARESH KUMAR SINGH
Central Coalfields Limited – Appellant
Versus
Chanani Transport – Respondent
Virender Singh, C.J.& Aparesh Kumar Singh, J.
We have taken up both the appeals on hand, viz. L.P.A. No.390 of 2014 filed by M/s. CCL, Ranchi (hereinafter to be referred to as CCL) and L.P.A. No.421 of 2014 filed by Chanani Transport, Ramgarh (hereinafter to be referred to as Chanani Transport) as both are aggrieved of the judgment handed down by learned Single Judge, dated 9th of September, 2014 in W.P.(C) No.6098 of 2013 filed by Chanani Transport inasmuch as all other issues except one have been decided against Chanani Transport whereas the aforesaid one issue has been decided against CCL. Both the appeals are at admission stage and with the consent of the learned counsel for both the sides we had taken up them on Board for their final consideration and reserved for orders on 18th of February, 2015.
2. Certain facts need to be mentioned here to appreciate the controversy arisen between the parties.
3. On 23rd of November, 2009, Notice Inviting Tender (NIT) was issued by CCL for working of HEMM for removal of overburden from Quarry of Section I of Rajrappa Open Cast Project for which Chanani Transport was awarded the contract on 21.06.2010, which was for a period of 8 years
ONGC Vrs. Saw Pipes Ltd. reported in (2003) 5 SCC 705
Union of India Vrs. Raman Iron Foundry reported in (1974)2 SCC 231
Whirlpool Corporation Vrs. Registrar of Trade Marks reported in 1998(8) SCC 1
Union of India & others Vrs. Tantia Construction reported in (2011)5 SCC 697
M/s H.M. Kamaluddin Ansari and Company Vrs. Union of India & ors. reported in (1983)4 SCC 417
Diamond & Gem Development Corporation Limited and another reported in (2013) 5 SCC 470
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