- (1.) The basic facts stated below refer to W.P.15541 (W) of 2014. However, since the issues in all the three writ applications are common, this judgement disposes of all of them.
(2.) The Eastern Coalfields Limited, the first respondent, on 9th October 2009, published a tender for hiring equipments for the Mohanpur-OC-Patch in the Salanpur area of the Asansol Durgapur region of West Bengal. The value of the contract was Rs.83.58 crores. On 17th November 2009, the petitioner made an offer which was accepted. On 4th February 2010, a work order was issued by the respondent in their favour. The value of the work was revised to Rs.86,94,40,000/- .
(3.) These equipments are run by High Speed Diesel (HSD). The requirement under the contract was 8,000 to 10,000 litres of HSD per day. This diesel was purchased from Indian Oil Corporation Limited (hereinafter referred to as IOCL). Any purchase of over 2,500 litres from IOCL was termed "bulk". The petitioner was thus a "bulk" consumer. The rate of diesel in bulk was much higher than the retail rate. The retail outlets could not sell it. As on 31st March 2013 it was Rs.61.10 per litre, whereas in retail it was Rs.51.57 per litre.;