Calcutta High Court
Solar Industries (India) Ltd vs Coal India Ltd. & Ors on 7 April, 2025
OC-27
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
CS-COM/585/2024
[Old No. CS/85/2011]
SOLAR INDUSTRIES (INDIA) LTD.
-VS-
COAL INDIA LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : April 7, 2025.
Appearance :
Mr. Chayan Gupta, Adv.
Mr. Rajesh Upadhyay, Adv.
Ms. Surabita Biswas, Adv.
Mr. Soham Sanyal, Adv.
...for the plaintiff
Ms. A. Mukherjee, Adv.
...for the defendants
1.Mr. Chayan Gupta, learned counsel, is appearing for the plaintiff.
2. Ms. A. Mukherjee, learned counsel, is appearing for the defendants.
3. Both the parties have filed their suggested issues. Let the same be kept with the record.
4. Heard the learned counsel for the parties. On perusal of the pleadings and the suggested issues, the following issues are framed:
-: I S S U E S :-
i.- Whether the suit is maintainable in law? ii.- Whether the contracts for supply of Explosives both of bulk explosives as also of Cartridge explosives were 2 finalized and concluded after accepting the terms and conditions of the Notice Inviting Tender ('NIT') by the plaintiff followed by the Clarification Letter as stated in the written statement?
iii.- Whether the plaintiff is estopped from contending otherwise as they had agreed for incorporation of all terms in the contracts including powder factors as stated in the written statement?
iv.- Whether the supply of explosives of both of bulk explosives as also Cartridge explosives by the plaintiff, covered under the contract of 2005-2006 and 2006- 2007 failed to achieve the powder factors in terms of the concluded contracts?
v.- Was not the defendant entitled to deduct sum from the bills raised by the plaintiff in terms of the contracts for non-achieving the powder factors in the supply? vi.- Whether the letter dated May 25, 2007 issued by the defendant is illegal or un-warranted as alleged in the plaint?
vii.- Whether the Powder Factors as enumerated in the NITs being Annexures K, L, P, and O for 2006-07 were impracticable and unachievable and hence bad in law and unenforceable?
viii.- Whether once having determined that the Powder Factors as enumerated in the NIT for 2006-07 were impracticable and unachievable and having arrived at a 3 decision to apply the reduced Powder Factors as enumerated in the NIT for 2007-2008, the defendants ought to have applied the reduced Powder Factors for the entire duration of the Running Contracts for 2006- 2007?
ix.- Whether the recovery/deductions made by the defendants, on the basis of the Powder Factors enumerated in the NIT/Running Contract for 2006-2007 are illegal?
x.- Whether the plaintiff is entitled to the claims as claimed in the suit from the defendants, jointly and/or severally?
xi.- Whether the plaintiff is entitled to interest as claimed in the plaint?
xii.- To what other reliefs?
5. Plaintiff is directed to file affidavit of evidence of the plaintiff's witness no.1 within four weeks from date after serving the copy to the learned counsel for the defendants.
6. Let the matter appear on 30th June, 2025 at 2:00 pm for witness action.
(KRISHNA RAO, J.) sp3