OIL AND NATURAL GAS CORPORATION LIMITED AND 2 ORS Vs. ASSAM PETROLEUM LIMITED AND ANR
LAWS(GAU)-2018-3-5
HIGH COURT OF GAUHATI
Decided on March 06,2018

Oil And Natural Gas Corporation Limited And 2 Ors Appellant
VERSUS
Assam Petroleum Limited And Anr Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Learned Senior Counsel, assisted by Mr. P.N. Sharma, learned counsel, appearing for the respondents (writ petitioners in WP (C) No. 1235/2017).
(2.) The present respondent Nos. 1 and 2 in the present application preferred the connected WP (C) No. 1235/2017 against the present petitioners as respondents. Prior to that the present respondents preferred WP (C) No. 6066/2016 against the present petitioners, as the respondents. In the said writ petition, the respondents assailed the impugned order dated 9.9.2016 issued vide letter No. DLI/ CHMM/ Q&M/ WOR/ ZNSVC5001/ 2015/ 9010023082 by the present petitioner terminating the Contract No. 9010023082 dated 2.5.2016 and suspending the business with the respondents pending completion of enquiry process as per Clause 18.6 of the contract agreement executed between the parties.
(3.) A challenge in the WP (C) No. 6066/2016, as per the submission of the learned counsel for the respondents was found to the extent of the act of causing the enquiry in order to put the respondent company on "Holiday" and act of invoking the Bank guarantee. The prayer made in the said writ petition is reproduced herein below:- "In the premises aforesaid it is therefore most humbly prayed that your Lordship would be pleased to call for the records and issue Rule calling upon the respondents to show cause as to why a writ in the nature of Certiorari shall not be issued quashing/ setting aside the impugned Order No. No. DLI/ CHMM/ Q&M/ WOR/ ZNSVC5001/ 2015/ 9010023082 dated 09.09.2016 so far as it relates to the suspension of business dealing the M/S. Assam Petroleum Ltd. i.e. the petitioner (vendor Code : 121549) pending completion of the enquiry process and the action by which the Performance Bank Guarantee No. 0144010001700 dated 27.01.2016 and No. 01440100001701 dated 27.01.2016 for an amount of Rs. 5,00,000/- and Rs. 7, 66,003/-respectively has been invoked and/ or as to why a writ in the nature of Mandamus shall not be issued directing/ commanding the respondents to recall/ revoke the impugned order so far as the suspension of business dealing with the petitioners pending completion of the enquiry process is concerned and the action of invocation of the Performance Bank Guarantee and/ or pass such further order (s) as to your Lordship may deem fit and proper. -AND Pending disposal of the instant petition your Lordship may be pleased to stay the operation of the order No. DLI/ CHMM/ Q&M/ WOR/ ZNSVC5001/ 2015/ 9010023082, dated 09/09/2016 issued by the Respondent Authority so far as "suspension of business dealing with the M/S. Assam Petroleum Ltd. pending completion of the enquiry process" is concerned and/ or pass such further Order(s) as to your Lordship may deem fit and proper.";


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