Subrata Talukdar - (1.) At the heart of the dispute between the parties is the insistence by the Eastern Coalfields Limited (ECL), a subsidiary of Coal India Limited (CIL), requiring the petitioners to keep the Performance Bank Guarantee (PBG) renewed beyond its last renewal up to the 17th of September, 2017.
(2.) The petitioners/Suparna Chemicals Limited (for short SCL) resist the insistence by ECL to keep the PBG renewed beyond 17th September, 2017, on the ground that in terms of the original Purchase Order (for short PO), the PBG offered by SCL in favour of ECL dated 18th of December, 2006 was valid only for a period of 21 months that is up to 17th of September, 2008. The petitioners therefore demand that ECL be directed to forbear from insisting on further extension of the PBG or, compelling SCL to take any further steps under the original PO dated the 25th of July, 2006.
(3.) Mr. Jayanta Mitra, Learned Senior Counsel, ably assisted by Snehatosh Majumder, Learned Counsel, submits that the original PO arose out of a tender floated by ECL for supply of Self Generating Oxygen Apparatus, also called Self Contained Self Rescuer (SCSR), popularly styled as Raksha Kavach (RK). According to the petitioners, the petitioner No.1, SCL is a registered company and represented in the writ petition by the petitioner No.2, one of its Directors. The petitioner No.1/SCL is one of the few indigenous manufacturers of SCSR/RKs.;