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RAJESH SHANKAR
Satyam P & P (JV) – Appellant
Versus
Bharat Coking Coal Limited – Respondent
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
The power of judicial review is not normally exercised in contractual obligations, and parties may be relegated to adjudication of their rights by resorting to remedies provided for adjudication of p....
The Court determined that contractual disputes involving factual questions requiring evidence must be resolved outside the writ jurisdiction under Article 226 of the Constitution.
Tender issuance without requisite environmental clearance violates Article 14, rendering state action arbitrary and warranting judicial intervention.
The court established that state actions must comply with legal and environmental regulations, and arbitrary actions that violate constitutional rights can be challenged through writ petitions, even ....
The contractor is responsible for preventing theft and complying with contract terms; failure to do so justifies termination of the contract.
The obligation of the state to act fairly and reasonably in contractual disputes, and the importance of respecting the specific terms of a contract.
The existence of an arbitration clause in the agreement does not ipso facto render a writ petition not maintainable. The High Court may still exercise its writ jurisdiction in exceptional circumstanc....
As the contract between the petitioner and the respondent Corporation, an instrumentality of the State, is under the realm of a private law and there is no element of public law, the only course for ....
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