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RAJESH SHANKAR
Minop Innovative Technologies Pvt. Ltd. – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent


Advocates Appeared:
For the Petitioner: M/S Navniti Prasad Singh (Sr. Adv.), Rahul Kumar.
For the Respondent: Mr. A. K. Mehta.

JUDGMENT :

1. The petitioner has confined its prayer to the extent of quashing the letter dated 18/19.01.2018 (Annexure-3 to I.A. No. 1148/2018) issued under the signature of the General Manager (MM), Bharat Coking Coal Ltd. (BCCL), Dhanbad (the respondent No.3) whereby the business dealing of the petitioner with the respondent-BCCL has been banned for three years.

2. The factual matrix of the case, as stated in the writ petition, is that a Global Tender was invited by the respondent-BCCL for “Supply of 2 road-headers of 80-100 TPH capacity with gate end box along with spare parts for 2nd and 3rd years of operation vide NIT No. BCCL/Pur/610278/Road Header/Global/06/07-08/167. M/S Jiamusi Coal Mining Machinery Company Ltd., Beijing (China) (hereinafter referred to as ‘the Principal’) being eligible, submitted its bid vide bid No. BCCL/Tender/Road Header/08-09/001 dated 28.07.2008 for effecting the supply and installation which was finally awarded to it. As per the terms and conditions of the contract, the Principal had to deposit the Performance Bank Guarantee of Rs.2,29,39,021/- out of which the Principal deposited bank guarantee of Rs.1,62,18,635/- and the petitioner deposited the p









































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