Madhya Pradesh High Court
Wapil Limited A Company Incorporated ... vs Madhya Pradesh Power Generation ... on 3 September, 2020
Author: Chief Justice
Bench: Chief Justice
WP-12321-2020
1
THE HIGH COURT OF MADHYA PRADESH
W.P. No. 12321/2020
(WPIL Limited and Another VS. M.P. Power Generation Co. Ltd. & others)
Jabalpur, Dated: 03.09.2020
Hearing convened through Video Conferencing:
Mr. Manoj Sharma and Mr. Amardeep Gupta, Advocates for the
petitioners.
Mr. P.K. Kaurav, Advocate General with Mr. Aditya Khandekar,
Advocate for the respondent No.1, on advance copy.
Heard on the question of admission.
The petitioners by filing this writ petition under Article 226 of the Constitution of India have prayed for the following reliefs:
(i) It is, therefore, humbly prayed that this Hon'ble Court be pleased to call for the entire records pertaining to the instant controversy from respondents for its kind perusal,
(ii) It is, therefore, humbly prayed that this Hon'ble Court be pleased to quash/set aside the purported demand dated 20.06.2020 (Annexure-P/7) raised by respondent No.1 to the extent of invocation of the performance bank guarantees of the consortium partners including petitioner no.1 (Annexure-P/4),
(iii) It is, therefore, humbly prayed that this Hon'ble Court be pleased to prohibit respondent no.1 from invoking the bank guarantees furnished by petitioner no.1 (Annexure-P/4) with respondent No.3 on the basis of the purported letter dated 20.06.2020.
(iv) Any other relief/reliefs that this Hon'ble Court deems fit and proper in the facts and circumstances may also be granted to the petitioner.
(v) Cost of the instant lis be awarded to the petitioner."
Learned counsel for the petitioners submitted that vide impugned notice dated 20.06.2020 (Annexure P-7), the petitioners have been directed to deposit the balance recoverable amount of Rs.78,87,96,342/- into MPPGCL's account within 30 days' time from the date of issue of the said letter and on failure thereof, to recover the same from the pending WP-12321-2020 2 bills/claims of the petitioners and by encashing the performance bank guarantees of M/s MBEL first and balance amount, if any, from the performance bank guarantees of the petitioner-consortium partners and it has been further stipulated therein that no further consideration or communication in that regard shall be entertained under any circumstances. Learned counsel urged that without affording any opportunity of hearing to the petitioners, the impugned action has been proposed.
Mr. Kaurav, learned counsel appearing for the respondent No.1- Company fairly submitted that in case, the petitioners file reply to the notice dated 20.06.2020 (Annexure P-7), the same shall be considered in accordance with law.
In view of the said fact, without commenting upon the merit of the controversy involved herein, this writ petition is disposed of with the direction that in case any reply to the notice dated 20.06.2020 (Annexure P-
7) is submitted by the petitioners within a period of 15 days from today, the same shall be considered and decided by the respondent No.1 in accordance with law within the next 15 days therefrom by passing a speaking order after giving due opportunity of hearing to the petitioners or their representative(s) through video conferencing.
Disposed of.
(AJAY KUMAR MITTAL) (SUJOY PAUL)
Chief Justice Judge
S/
Digitally signed by SACHIN CHAUDHARY
Date: 2020.09.03 16:15:09 +05'30'