- (1.) We have taken up both the appeals on hand, viz. L.P.A. No.390 of 2014 filed by M/s. CCL, Ranchi (hereinafter to be referred to as CCL) and L.P.A. No.421 of 2014 filed by Chanani Transport, Ramgarh (hereinafter to be referred to as Chanani Transport) as both are aggrieved of the judgment handed down by learned Single Judge, dated 9th of September, 2014 in W.P.(C) No.6098 of 2013 filed by Chanani Transport inasmuch as all other issues except one have been decided against Chanani Transport whereas the aforesaid one issue has been decided against CCL. Both the appeals are at admission stage and with the consent of the learned counsel for both the sides we had taken up them on Board for their final consideration and reserved for orders on 18th of February, 2015.
(2.) Certain facts need to be mentioned here to appreciate the controversy arisen between the parties.
(3.) On 23rd of November, 2009, Notice Inviting Tender (NIT) was issued by CCL for working of HEMM for removal of overburden from Quarry of Section I of Rajrappa Open Cast Project for which Chanani Transport was awarded the contract on 21.06.2010, which was for a period of 8 years and the total value of the contract was Rs.14181.48 lakh. Chanani Transport deposited the performance security by way of Bank Guarantee dated 12.08.2010, which was equivalent to 5% of the annualized value of the work. Subsequently, an agreement was executed between CCL and Chanani Transport on 12.08.2010 of which the General Terms and Conditions and Integrity Pact also forms a part. In terms of the agreement, it was the responsibility of the contractor to make his/their own arrangement for all materials, tools, staff and labourers required under the contractor, which shall include cost of lead, lift, loading, unloading, railway, freight, recruiting expenses and any other charges for the completion of the work to the entire satisfaction of the Company. According to CCL, it was the responsibility of Chanani Transport to procure diesel for running of machineries. Indian Oil Corporation had instructed its dealer not to make any bulk supply to any party as the bulk purchasers were required to purchase the oil (diesel) directly from the Indian Oil Corporation and in this regard a letter was issued by Indian Oil Corporation to one Modi Fuels dated 8th of March 2013, in turn, a communication was send to Chanani Transport regretting their request to supply bulk diesel to it. Chanani Transport, then started insisting CCL for making arrangement for diesel in which regard certain letters are available on record.;