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2020 Supreme(MP) 1193

AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA
AKC & SIG Joint Venture Firm – Appellant
Versus
Western Coalfields Ltd. – Respondent


Advocates Appeared:
For the Appellant : Sidharth Gupta and Amit Garg
For the Respondents: Greeshm Jain and Vivek Shukla

ORDER :

Vijay Kumar Shukla, J.

1. The petitioners have filed the present petition under Article 226 of the Constitution of India, challenging the order dated 08-05-2019, passed by the respondent no. 2, whereby the work order issued in favour of the petitioners has been terminated, security amount has been forfeited and the joint venture of the petitioners has been debarred from participation in tenders of the respondent Western Coalfields Limited (for short WCL) for a period of 12 months from the date of issuance of the impugned order dated 08-05-2019.

2. The necessary facts are that the petitioners were the successful bidder in the NIT No. 24/2014-15, issued by the respondent WCL in September, 2014. In pursuance thereof, a work order was issued to the petitioners on 08-12-2014 in their favour by the WCL. It is submitted that the petitioners had completed the work at an extremely fast pace in the initial period. According to the petitioners because of the hindrances created by the respondents and due to departmental failure, some delay occurred in the execution of the contract. The respondents also did not extend the period of execution of the contract.

3. Learned counsel for the respo

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