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2021 Supreme(Jhk) 844

RAJESH SHANKAR
Ram Lal Agarwalla, through its Proprietor, Manoj Kumar Agarwalla – Appellant
Versus
Central Coalfields Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mrs. Pinky Anand, Sr. Advocate, Mr. Rohit Ranjan Sinha, Advocate
For the Respondent:Mr. Amit Kumar Das, Advocate, Mr. Shivam Utkarsh Sahay, Advocate

JUDGMENT :

Rajesh Shankar, J.

1. The present writ petition has been filed for quashing the letter under Ref. No. PO/TTK/Ramlal Agarwalla/NIT-11/Cancellation of contract/2020-21/1278 dated 11.09.2020 (Annexure-49 to the writ petition) issued under the signature of the Project Officer/Engineer-incharge, Tetariakhar OCP, Rajhara Area- respondent no.6, whereby the management of the respondent-Central Coalfields Limited has taken decision to take penal actions against the petitioner, namely, (i) Termination/cancellation of contract awarded to the petitioner in terms of Clause 9(a) of the GTC; (ii) Forfeiture of EMD of Rs.27.78 lakh in terms with Clause 6.1 of the GTC; (iii) debarring it from participating in future bids for a period of three years in terms with Clause 6.1 of the GTC; (iv) as per Clause 9.2(c), recovery is to be made from the petitioner to the extent of 20% of the contract value (20% of Rs.93,43,08,500/-) i.e. Rs.18,68,61,700/- being higher than the performance security and additional performance security deposited by the petitioner; (v) recovery is to be done by encashment of B.G. amounting to Rs.1,95,52,050/- submitted against performance security for Rs.93,43,100/- and

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