CHANDRA SEKHAR BANERJEE & ANOTHER Vs. BHARAT COKING COAL LTD & OTHERS
LAWS(JHAR)-2013-6-159
HIGH COURT OF JHARKHAND
Decided on June 18,2013

Chandra Sekhar Banerjee And Another Appellant
VERSUS
Bharat Coking Coal Ltd And Others Respondents

JUDGEMENT

- (1.) By way of instant interlocutory application, petitioner seeks to implead the Director General of Mines Safety(D.G.M.S.) as party respondent in the present writ application as according to him the respondent- BCCL has taken stand that the petitioner is not having the equipment of requisite specification to participate in the global tender notice based upon the circular issued by the D.G.M.S. It is the contention of the petitioner that construction of guidelines of D.G.M.S. has been flawed by B.C.C.L as it does not amount to debarring the petitioner from participating in the global tender. In that view of the matter, presence of D.G.M.S. as proper party is necessary for effective adjudication of the dispute.
(2.) Counsel for the BCCL, however opposes the prayer for impleadment of D.G.M.S. as party respondent.
(3.) Having heard counsel for the parties, it appears that D.G.M.S. guidelines are being relied upon by the respondent- BCCL for taking stand that the petitioner is not equipped with requisite specification. The presence of D.G.M.S. as proper party is necessary to clear its stand.;


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