TRIBHUVAN CARRIER PVT. LTD. Vs. BHARAT COKING COAL LIMITED
LAWS(JHAR)-2020-2-4
HIGH COURT OF JHARKHAND
Decided on February 19,2020

Tribhuvan Carrier Pvt. Ltd. Appellant
VERSUS
BHARAT COKING COAL LIMITED Respondents

JUDGEMENT

- (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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