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2018 Supreme(Jhk) 471

RAJESH SHANKAR
ARETPL-AT (JV) – Appellant
Versus
Central Coalfields Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anil Kumar Sinha, Miss Amrita Sinha.
For the Respondent: Mr. A.K. Das.

ORDER :

The present writ petition has been filed for quashing the letter no. GM(B&K)/SO(M)/CT/AKK OCP/OB/DEBARRING/179 dated 12.10.2017 issued by the Staff Manager (Mining) of M/s Central Coalfields Limited (respondent no. 5) whereby the Letter of Acceptance in favour of the petitioner vide LOA No. CCL/GM(CMC)/B-K/2017/51/57 dated 15.08.2017 and work order no. GM(B&K)/SO(M)/CT/AKK OCP/OB/WO/107 dated 29.08.2017 have been cancelled and imposed penalty by way of forfeiture of earnest money of Rs.50,00,000/- deposited by the petitioner and also debarred the petitioner for a period of three years from participating of future tenders of Central Coalfields Limited (hereinafter referred to as “the CCL”) in individual capacity or as joint venture. Further prayer has been made for issuance of direction upon the respondents to execute formal contract between the parties in terms of Clause 23 of the Instructions to Bidders with respect to Tender of “Hiring of HEMM for removal of OB at outsourcing patch of Konar part of AKK OCP of B-K Area for a period of four years”.

2. The factual background of the case as stated in the writ petition is that the respondent no. 1 published an e-Tender Notice be

































































































































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