KOHINOOR STEEL (P) LTD Vs. JHARKHAND STATE MINERAL DEVELOPMENT
LAWS(JHAR)-2012-6-29
HIGH COURT OF JHARKHAND
Decided on June 18,2012

KOHINOOR STEEL (P) LTD. Appellant
VERSUS
JHARKHAND STATE MINERAL DEVELOPMENT CORPORATION Respondents

JUDGEMENT

- (1.) In this writ petition, the petitioner has prayed for declaring the action of the Jharkhand State Mineral Development Corporation in issuing Tender Notice No. 2006/1-Granite dated 7.1.2006 and all consequential acts relating to setting up a joint venture with regard to mining Granite from Sanga Mines as fraudulent and illegal and to quash order dated 12.11.2007 issued by the General Manager (Finance). Jharkhand State Mineral Development Corporation (for short JSMDC), whereby earnest money deposited by the petitioner was forfeited and the request for refund of earnest money of Rs. Two lacs has been rejected. The petitioner has also prayed for direction on the respondents to refund the earnest money deposited by the petitioner in connection with the Tender Notice No. 2006/1 -Granite dated 7.1-2006. It has been stated that a tender was floated by the respondents in various newspapers inviting tenders for development of granite, etc. from interested bidders in collaboration with it under a joint venture agreement, by Tender Notice No. 2006/1-Granite dated 7.1.2006. On the representation of the JSMDC. in the said notice inviting tender that it is under the process of obtaining leases in granite, the petitioner participated in tender process.
(2.) The petitioner's tender was accepted and the agreement was, thereafter, to be made. For that purpose a draft of joint venture agreement was furnished by the petitioner with covering letter dated 7.6.2006.
(3.) In the meantime, the petitioner inspected the site of Sanga Mines and also got information from reliable sources that Sanga mines was not in possession of the JSMDC. But ignoring the same the JSMDC insisted for submitting the detail project report. The petitioner insisted for giving clarification about the rights of JSMDC over Sanga Mines, but JSMDC did not give any satisfactory reply.;


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