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2018 Supreme(Jhk) 1522

ANIRUDDHA BOSE, B.B.MANGALMURTI
Hindustan Produce Company, a Partnership Firm Kolkata, through one of its partners Mr. Puneet Keyal, son of Mr. Surendra Kumar Keyal – Appellant
Versus
Steel Authority of India Ltd. , through its Managing Director, Bokaro Steel City, Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.S. Mittal, Sr. Advocate
For the Respondents:Mr. Rajiv Ranjan, Sr. Advocate, Mr. Shray Mishra, Advocate

ORDER :

1. The controversy involved in this appeal is over withholding refund of security deposit for a sum of Rs.22,67,181/- to the appellant/writpetitioner by the respondent-Steel Authority of India Ltd. (SAIL). The appellant had responded to a global tender floated by SAIL dated 31st August, 2015 for supply of 900 tonnes of 96% natural Flaky Graphite. The appellant was successful in the tender and purchase order was placed on them on 19th March, 2016. They have also executed the tender work. The tender terms required making of security deposit of the aforesaid sum. Apart from security deposit, the sum otherwise receivable by the appellant has been paid. The security deposit has been withheld by SAIL in relation to an earlier transaction between the same parties. That transaction took place in the year 2007 in connection with supply of Ferro Chrome. The case, which is sought to be made out by the respondent is that they were entitled to a sum of Rs.1,90,35,675/- on account of risk purchase differential action in respect of that transaction. Such action, in substance implies that in the event the supplier fails to deliver the entire quantity of goods ordered at the quoted price and












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