RAJESH ENTERPRISES Vs. UTTARAKHAND POWER CORPORATION LTD & ORS
LAWS(UTN)-2012-9-196
HIGH COURT OF UTTARAKHAND
Decided on September 25,2012

Rajesh Enterprises Appellant
VERSUS
Uttarakhand Power Corporation Ltd And Ors Respondents

JUDGEMENT

- (1.) Heard Mr. Lok Pal Singh, Advocate for the petitioner and Mr. B.D. Upadhyay, Senior Advocate assisted by Mr. Sunil Upadhyay, Advocate for the respondents.
(2.) The petitioner manufactures wires and cables and supplies them, inter alia, to its consumers, including Uttarakhand Power Corporation Ltd. An order was given to the petitioner for supply of certain quantity of Aluminium Conductor Unarmored Power Cable. Supply of this particular product was made to the Uttarakhand Power Corporation Ltd. which was declared to be defective by them and the petitioner offered to take the goods back. However, the supply of the said goods was again made by the petitioner which was again declared to be defective inasmuch as a large portion of it was much below the Guaranteed Technical Particulars. Consequently a show cause notice was given to the petitioner vide letter dated 23.4.2012 which reads as under :- "14 Km. Cable of size 1 x 240 Sq. mm was supplied by you against DI No. MM/240/2011-12/Rajesh dt. 03.10.2011. Above cable was found under size during joint inspection held on 04.11.2011 at Store Division, Dehradun and the same was rejected and on your request, you were allowed to lift all rejected lot of cable and to replace the same with new cable strictly as per specification & agreement. As reported by Material Management wing of UPCL, the above cable was re-supplied by you against D.I. No. MM/473/2011-12 Rajesh dt 23.02.2012 but the same was also found inferior to the specification during departmental inspection held on 16.03.2012 at Store Centre, Araghar, Dehradun (copy of report is enclosed). Above act on your part is tantamount to breach of agreement and fraud with the Corporation. Therefore, show cause notice is being served on you due to your breach of contractual obligations & fraud with the Corporation. You are hereby required to explain to UPCL that why UPCL should not cancel the Purchase Order No. 332/UPCL/GM/CCP-II/12/2010- 11 (Rajesh) dt. 22.03.2011 for balance quantity, forfeit the Security Deposit against aforesaid order & black list you forever participation in tenders of UPCL. You are required to explain the above within 10 days from the date of issue of this notice, otherwise it shall be assumed that you have nothing to say in this matter and further actions, as deemed fit, shall be taken accordingly by UPCL."
(3.) As per the said show cause notice, the Power Corporation wanted the reply within "ten days". The show cause notice was received by the petitioner within time and he replied the said notice on 1.5.2012 again stating that the material was only supplied to the respondents after the joint inspection was made. Moreover, if the material is defective, he is prepared to replace the same. However, before this letter could reach the respondents, an order was passed by the respondents on 4.5.2012 not only cancelling the entire purchase order but also blacklisting the petitioner and sending the copy of the said order to various electricity departments in the country. It is this order dated 4.5.2012 which has been challenged by the petitioner before this Court.;


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