CENTRAL COALFIELDS LIMITED THROUGH ITS MANAGING DIRECTOR ADMINISTRATION SRI BIMLENDU KUMAR vs MS BLA PROJECTS PVT LTD THROUGH ITS MANAGING DIRECTOR SRI LILA DHAR AGARWALA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(JHK) 8215

IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction)
LPA No. 670 of 2018
1. Central Coalfields Limited, a Company incorporated under the Companies Act, having its registered Office at Darbhanga House, PO, GPO & PS Kotwali, District Ranchi (Jharkhand), through its Chairman-cum-Managing Director, having office at Darbhanga House, PO, GPO & PS Kotwali, District-Ranchi (Jharkhand) and also through its Managing Director (Administration) Sri Bimlendu Kumar, s/o Jagdish Pandey, r/o Flat No.2C, Shanti Apartment, Dangra Toli, Lalpur, PO & PS Lalpur, District Ranchi (Jharkhand).
2. General Manager, Central Coalfields Limited, at Magadh-Amrapali Area, PO Dakra, PS Sakra, District Hazaribagh (Jharkhand). …. Appellants - Versus-
rd M/s BPPL-UCC-VSSPL (JV), having its office at Indicon Viva, 3 Floor- 53A, Leela Roy Sarani, Gariahat, Kolkata, PO & PS Gariahat, District Kolkata (West Bengal), through its Managing Director Sri Lila Dhar Agarwala, s/o Banowari Lal Agarwalla, r/o 52/2B, Hazra Road, Kolkata, PO Kolkata, PS Ballyganj, District Kolkata (West Bengal) ….. Respondent With LPA No. 672 of 2018
1. Central Coalfields Limited, a Company incorporated under the Companies Act, having its registered Office at Darbhanga House, PO, GPO & PS Kotwali, District Ranchi (Jharkhand), through its Chairman-cum-Managing Director, having office at Darbhanga House, PO, GPO & PS Kotwali, District-Ranchi (Jharkhand) and also through its Managing Director (Administration) Sri Bimlendu Kumar, s/o Jagdish Pandey, r/o Flat No.2C, Shanti Apartment, Dangra Toli, Lalpur, PO & PS Lalpur, District Ranchi (Jharkhand).
2. General Manager, Central Coalfields Limited, at Magadh-Amrapali Area, PO Dakra, PS Sakra, District Hazaribagh (Jharkhand). …. Appellants - Versus-
M/s United Coal Carriers, having its office at Main Road, Jharia, PO & PS Jharia, District Dhanbad, through its Proprietor, Sri Manoj Kumar Agarwalla, s/o late Ram Lal Agarwalla, r/o Main Road, Jharia, PO & PS Jharia, District Dhanbad (Jharkhand) ….. Respondent With LPA No. 673 of 2018
1. Central Coalfields Limited, a Company incorporated under the Companies Act, having its registered Office at Darbhanga House, PO, GPO & PS Kotwali, District Ranchi (Jharkhand), through its Chairman-cum-Managing Director, having office at Darbhanga House, PO, GPO & PS Kotwali, District-Ranchi (Jharkhand) and also through its Managing Director (Administration) Sri Bimlendu Kumar, s/o Jagdish Pandey, r/o Flat No.2C, Shanti Apartment, Dangra Toli, Lalpur, PO & PS Lalpur, District Ranchi (Jharkhand).
2. General Manager, Central Coalfields Limited, at Magadh-Amrapali Area, PO Dakra, PS Sakra, District Hazaribagh (Jharkhand). …. Appellants - Versus-
M/s Vinayak Support Service Pvt. Ltd., having its office at 2F, Vatika Apartment, Line Tank Road, Ranchi, PO, GPO & PS Kotwali, District Ranchi, through its Authorised Signatory, Sri Vinit Agarwal, s/o Vinod Agarwal, r/o Harihar Singh Road, Bariatu, PO & PS Bariatu, District Ranchi (Jharkhand) ….. Respondent With LPA No. 677 of 2018
1. Central Coalfields Limited, a Company incorporated under the Companies Act, having its registered Office at Darbhanga House, PO, GPO & PS Kotwali, District Ranchi (Jharkhand), through its Chairman-cum-Managing Director, having office at Darbhanga House, PO, GPO & PS Kotwali, District-Ranchi (Jharkhand) and also through its Managing Director (Administration) Sri Bimlendu Kumar, s/o Jagdish Pandey, r/o Flat No.2C, Shanti Apartment, Dangra Toli, Lalpur, PO & PS Lalpur, District Ranchi (Jharkhand).
2. General Manager, Central Coalfields Limited, at Magadh-Amrapali Area, PO Dakra, PS Sakra, District Hazaribagh (Jharkhand). …. Appellants - Versus-
rd M/s BLA Projects Pvt. Ltd., having its office at Indicon Viva, 3 Floor-53A, Leela Roy Sarani, Gariahat, Kolkata, PO & PS Gariahat, District Kolkata (West Bengal), through its Managing Director, Sri Lila Dhar Agarwala, s/o Banowari Lal Agarwalla, r/o 52/2B, Hazra Road, Kolkata, PO Kolkata, PS Ballyganj, District Kolkata (West Bengal) ….. Respondent -------
CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON’BLE MR. JUSTICE RATNAKER BHENGRA ------
For the Appellants : Mr. Amit Kr. Das, Advocate Mr. Shivam Utkarsh Sahay, Advocate For the Respondent : Mr. Indrajit Sinha, Advocate Mr. Arpan Mishra, Advocate ------

O R D E R

1st March 2023 Per, Shree Chandrashekhar,J.

I.A. No. 11163 of 2018 [in LPA No. 670 of 2018], I.A. No. 11157 of 2018 [in LPA No. 672 of 2018], I.A. N o. 11159 of 2018 [in LPA No. 673 of 2018], and I.A. No. 11160 of 2018 [in LPA No. 677 of 2018], These applications have been filed by M/s Central Coalfields Limited (in short, CCL) under section 5 of the Limitation Act 1963 seeking condonation of delay of 67 days in preferring the aforesaid Letters Patent Appeals.

2. Mr. Amit Kr. Das, the learned counsel for the CCL refers to the statements made in these interlocutory applications to submit that sufficient cause has been shown by the appellants for condonation of delay and moreover the contentious issues one of which pertains to powers of the writ Court in the contractual matters, the delay of 67 days in filing these Letters Patent Appeals may be condoned.

3. On the other hand, Mr. Indrajit Sinha, the learned counsel appearing for M/s BPPL-UCC-VSSPL (JV) and its constituents which are the writ petitioners would submit that these Letters Patent Appeals have been preferred on frivolous ground only to harass the writ petitioners, without raising any substantial question of law.

4. We have examined the matter keeping in mind that generally parties should be permitted to contest the matter on merits. We have also kept in mind the stand taken by the employer which has professed to act in accordance with the stipulations under the NIT and General Conditions of Contract (in short, GCC).

5. Having regard to the aforesaid aspects of the matters, we are inclined to condone the delay of 67 days in preferring each of the Letters Patent Appeals and, accordingly, I.A. Nos. 11163, 11157, 11159 and 11160 of

2018 are allowed.

LPA No. 670 of 2018 with LPA No. 672 of 2018 with LPA No. 673 of 2018 with LPA No. 677 of 2018

6. The CCL has questioned the legality of the writ Court's order dated 31st July 2018 passed in a batch of writ petitions preferred by M/s BPPL-UCC-VSSPL (JV) and its constituents. By this order, the writ Court has quashed the impugned communication dated 14th March 2017 by which an order of forfeiture of EMD, cancellation of contract and debarment for 3 years has been passed.

7. The letter dated 14th March 2017 reads as under:

Central Coalfields Limited Office of the General Manager Magadh-Amrapali Area Akashdeep, Main Road Dakra P.O. Dakra-829210 Distt. Ranchi (Jharkhand)

Ref. No. GM (M-A)/Coal Trans. 02 Yrs/AMP/2016-17/2347 Dated 14.03.2017 To M/s BPPL-UCC-VSSPL(JV) Indicon Viva, 3rd Floor, 53A, Leela Roay Sarani, Gariahat, Kolkata-700019(WB)

ORDER FOR CONCELLATION OF CONTRACT, FOREFITURE OF EMD AND DE- BARRING BUSINESS FOR A PERIOD OF 03(THREE) YEARS.

Sub:- Cancellation of contract, forfeiture of EMD and de-barring business for a period of 03(Three) years.

Ref:- (1) Tender Notice No. GM(CMC)/Magadh- Amrapali/2016/05 dated 20/05/2016 issued by GM(CMC) CCL, Ranchi and conveyed vide reference No. GM(CMC)/Magadh & Amrapali/2016/37 dated 04.10.2016 to G.M. Magadh Amrapali Area, for the work "Loading & Transportation of Coal from surface stock of Amrapali OCP to CHP-CPP-Piparwar/ Dump yard via Amrapali Coal Stock- W/B-Khurd river Sradhu- Kosaha-Massilong- Raham- Polilce Chowki- Kalyanpur-Karo W/B- CHP-CPP- Piparwar(Route -1) and via Amrapali Coal Stock - W/B- Kumrang-kalan Check post Shahid Chowk- Telipara-Jora Talab-Kalyanpur-Karo-W/B CHP-CPP- PPR(Route -2) including water spraying along transport road & covering the Coal of trucks/tippers with tripal/tarpoline for a period of (two) years."

(2) LOA No.:- GM (M-A)/AMP/Coal Trans. 02 years/2016/1360 dated 05.10.2016 issued by Staff Officer(Mining) M-A Area.

(3) Correspondences with M/s BPPL-UCC-VSSPL (JV) to submit Performance Security Deposit in the form of BG/DD and to start the work.

i) GM (M-A)/Coal Trans./AMRAP to CHP-PPR/2016-17/1390 dated 12.10.2016 of SO (Mining)M-A Area.

ii) GM (M-A)/Coal Trans./AMRAP to CHP-PPR/2016-17/1449 dated 20.10.2016 of SO (Mining) M-A Area.

iii) PO (A)/Maintenan

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