PAMPOSH REFRACTORY & CERAMIC WORKS MAITHAN Vs. STEEL AUTHORITY OF INDIA LIMITED (BOKARO STEEL PLANT)
LAWS(JHAR)-2016-6-119
HIGH COURT OF JHARKHAND
Decided on June 13,2016

Pamposh Refractory And Ceramic Works Maithan Appellant
VERSUS
Steel Authority Of India Limited (Bokaro Steel Plant) Respondents

JUDGEMENT

APARESH KUMAR SINGH,J. - (1.) Petitioner is a manufacturer of fire-clay-bricks. Respondent-Steel Authority of India Limited and its Unit at Bokaro Steel Plant places purchase orders from time to time for supply of fire-clay-bricks with a penalty clause that if he fails to do so within the time stipulated, the purchase would be done through different source and difference of amount would be recoverable from the petitioner.
(2.) In W.P.(C) No.6149 of 2013 one such recovery advice dated 2nd August, 2013 for a sum of Rs.6,54,983/- (Annexure-6) has been challenged apart from seeking a direction upon the respondents to accept the supply of ready stock of fire-clay-bricks from the petitioner in terms of purchase order dated 6th February, 2013. He also questioned the terms of risk purchase clause and the provisions relating to liquidated damages.
(3.) In W.P.(C) No.1991 of 2014 petitioner has sought a direction upon the respondents to again receive the ready materials and ensure payment instead of withholding the payment in relation to purchase orders no.P14/0114/4510018237 dated 16.4.2012, P14/0211/4510023922 dated 14.3.2013, P14/0286/4510029262 dated 20.12.2013 and P13/0224/4510029264 dated 20.12.2013. He has also sought restrain order on the respondents from proceeding to issue recovery advice. Provisions of the purchase order relating to the liquidated damages have also been questioned.;


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