- (1.) HEARD counsel for the parties.
(2.) THE petitioner is a successful bidder admittedly in e -auction conducted on behalf of CCL through its agency M. Junction on 25th of March 2013 and in support thereof, he has annexed annexure -1/1 to the writ petition. As per the terms of the e -auction scheme laid down by the CCL, the successful bidder was required to deposit the winning price within a stipulated period through the process of RTGS with a specified Bank Account prescribed in the CCL website. According to the petitioner, he remitted an amount of Rs. 43,69,520/ - on 4th of April 2013 in favour of Sales Realization Account of CCL from his account maintained at Allahabad Bank, Circular Road Branch, Ranchi admittedly on the last day for such remittance. However, it later on transpired to the petitioner that because of some technical failure in the RTGS system, the amount was actually credited to the CCL Sales Realization Account on 5th of April 2013. A certificate to that effect was also issued on 5th of April 2013 (Annexure -2) by the Senior Manager, Allahabad Bank, Circular Road Branch, Ranchi. Statement of account of such transfer is also annexed to the supplementary affidavit filed on behalf of the petitioner as annexure -10 showing such credit in the CCL Sales Realization Account on 5th of April 2013. This however, has not been accepted by the respondent CCL as the amount could not be credited in their account on the last date i.e. 4th of April 2013. This led to the forfeiture of the EMD deposited by the petitioner. The petitioner could not lift the coal, according to him, because of the stand taken by the respondent CCL and consequently, he has not been able to sell the coal in the market incurring loss in the process. The amount in question is still lying with the respondent CCL which led to filing of the present writ application.
(3.) THE sole question, as would appear from the narration of the aforesaid facts, is whether the respondent CCL is justified in not accepting remittance of the winning price made by the petitioner through RTGS as it got credited in their account on 5th of April 2013 because of some technical problem of RTGS? The respondent CCL have chosen to stick to their stand that whatever may be the reason for failure of the amount being credited to their account by the last day, they are entitled in law to refuse permission to the petitioner to lift the auctioned coal in question as the amount in question has reached the CCL after the last date i.e. 4th of April 2013.;