JUDGEMENT
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(1.) The present writ petition has been filed for quashing the order dated 31st July, 2019 passed by the General Manager, Contract Management Cell, Bharat Coking Coal Limited - respondent no.2, whereby the
petitioner- Tribhuvan Carrier Private Limited (in short 'TCPL') has been
debarred from participating in future bids in all tenders to be floated
by the respondent-Bharat Coking Coal Limited in individual capacity or
as joint venture for a period of five years from the date of issuance of
the said order as well as the earnest money deposit (in short 'EMD') of
Rs.50.00 lacs submitted by the petitioner towards bid security has
been forfeited. Further prayer has been made for issuance of direction
upon the respondent-Bharat Coking Coal Limited to immediately and
forthwith refund the EMD/Bid Security of Rs.50.00 lacs deposited by
TCPL pursuant to e-Tender Notice no.H-HEMM-13 dated 6.1.2018, as
the said tender has already been cancelled by the respondent-Bharat
Coking Limited and TCPL is entitled to refund of the said EMD in terms
with the Instructions to Bidders.
W.P.(C) No.4217 of 2019:
(2.) The present writ petition has been filed for quashing/setting aside the order dated 31st July, 2019 passed by the respondent no.2 to the
extent the petitioner- S.G. Projects Limited (in short 'SGPL') has been
debarred from participating in future bids in all the tenders to be
floated by the respondent-Bharat Coking Coal Limited in its individual
capacity or as joint venture for a period of five years from the date of
issuance of the said order.
(3.) The present writ petition has been filed for quashing/setting aside the order dated 31st July, 2019 passed by the respondent no.2, whereby
the petitioner- M/s. SGPL TCPL BP (hereinafter to be referred as 'JV')
has been debarred from participating in future bids in all tenders to be
floated by the respondent-Bharat Coking Coal Limited in individual
capacity or as JV for a period of five years from the date of issuance
of the said order as well as EMD of Rs.50.00 lacs deposited by JV
towards bid security has been forfeited. Further prayer has been made
for issuance of direction upon the respondent-Bharat Coking Coal
Limited to immediately and forthwith refund the EMD/Bid Security of
Rs.50.00 lacs deposited by JV pursuant to the said tender.;
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