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2022 Supreme(Jhk) 1320

RAJESH SHANKAR
Satyam P & P (JV) – Appellant
Versus
Bharat Coking Coal Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajit Kumar, Sr. Advocate, Mr. Rohit Roy, Advocate
For the Respondent:Mr. A.K. Das, Advocate, Mr. Shivam Utkarsh Sahay, Advocate

ORDER :

The present writ petition has been filed for quashing the communication as contained in letters dated 04.02.2022 (Anneuxre-10 to the writ petition) and 16/17.02.2022 (Anneuxre-12 to the writ petition) both issued by the Project Officer, Damagoria Colliery, Bharat Coking Coal Limited (BCCL) whereby the respondents have extended the period for completion of the work relating to Work Order No. BCCL/XII/GM/HEMM/Borira Patch-A/WO/2020/145 dated 04.08.2020 without the consent or approval of the petitioner as provided in the agreement. Further prayer has been made for issuance of direction upon the respondents to forthwith release the outstanding bills of the petitioner including release of the EMD and the BG as well as the other payments mentioned in the letter of the petitioner dated 07.02.2022 (Annexure-11 to the writ petition).

2. Learned senior counsel for the petitioner submits that the respondent-BCCL floated e-Tender Notice No. H-HEMM-36 under Reference No. BCCL/CMC/HEMM/e-Tender/2020/129 dated 11.04.2020 for hiring of HEMM for removal of OB and extraction and transportation of coal from L-10, Laikdih (Bottom), Salanpur-C & Salanpur-D seam of Borira patch-A of Damagoria Coll

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