Jharkhand High Court
Macro Electro Tech Private Limited vs The Heavy Engineering Corporation ... on 16 October, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:32208-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 4760 of 2022
Macro Electro Tech Private Limited, a company registered under the
companies act having its registered office at G-17, 1st Floor, Shaheen
bagh, A.F. Enclave-II, PO & PS Jamia Nagar, Dist South Delhi, State New
Delhi-110025 through its authorized representative Md Gulam Rabbani
S/O Md Qamrul Hoda, aged about 47 years R/O G-01, Nasheman
Apartment, South Gandhi Maidan, Po & PS Exhibition Road, Dist-Patna,
State Bihar ... ... ... Petitioner
Versus
1. The Heavy Engineering Corporation Limited through it's Chief
Managing Director, Plant Plaza, PO & PS Dhurwa, Dist Ranchi.
2. The Deputy General Manager, Project & Purchase, the Heavy
Engineering Corporation Ltd., Plant Plaza, PÓ & PS Dhurwa, Dist Ranchi.
3. The Senior Manager, Purchase & Contract Cell, Project Division,
The Heavy Engineering Corporation Ltd., PO & PS Dhurwa, Dist Ranchi.
4. South Eastern Coalfield Limited through its Chief Managing
Director, SECL Building, PO, PS & dist Bilaspur, Chhatisgarh
... ... Respondents
---------
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR
---------
For the Petitioner: Mr. Bharat Kumar, Advocate Mr. Niranjan Kumar, Advocate For the HEC: Mr. Jyoti Prasad Sinha, Advocate For the SECL: Mr. Sanjay Kumar Prasad, Advocate
---------
16/Dated: 16.10.2025
1. The instant petition has been filed for grant of the following substantive relief:-
"(i) Writ of and/ or in the nature of mandamus directing the Respondent nos. 1 & 2 to allow the Petitioner to continue work in respect to LOA no. HEC/PROJ/Contract cell/2021/Gevra/1229 of the project were issued on dated 13.10.2021 and the Work Order no. HEC/PROJ/Contract cell/Gevra/1013 dated 3.11.2021 for work relating to Detailed Design, Preparation of Working Drawings, Supply, Transportation, Storage of Construction materials, Construction, Fabrication Erection, modification, Commissioning etc and all necessary Civil & Structural works required for testing, Commissioning, Performance Test and Handing Over of the Plant on Turnkey basis for Coal Handling Plant (35-70 MTY) at Gevra OC Expansion Project (Gevra Phase II)-SECL -1- 2025:JHHC:32208-DB
(ii) Writ, order, direction quashing the NIT's being
(a) HEC/ PROJ CONTRACT CELL/2021/ Gevra-C&S-01 Dated: 06/09/2022
(b) Tender No.- HEC/ PROJ/ CONTRACT CELL/ 2021/ Gevra- C&S-02, dated 7.09.2022
(c) Tender No.- HEC/ PROJ/ CONTRACT CELL/ 2021/ Gevra-C&S-03, dated 7.09.2022
(d) Tender No.- HEC/PROJ/ CONTRACT CELL/ 2021/ Gevra-C&S-04) dated 7.09.2022 Which has been issued without any show cause of cancellation of the Work Order no. HEC/PROJ/Contract cell/Gevra/1013 dated 3.11.2021 or any intimation of cancellation of the work order for the same work as published in the above 4 NIT (Annexure 8 Series).
(iii) Pass such other orders as your Honour may deem fit in the facts and circumstances of the case And
(iv) During the pendency of the present case, stay the finalization of the following NIT
(a) HEC/ PROJ CONTRACT CELL/2021/ Gevra-C&S-01 Dated: 06/09/2022
(b) Tender No.- HEC/ PROJ/ CONTRACT CELL/ 2021/ Gevra- C&S-02, dated 7.09.2022
(c) Tender No.- HEC/ PROJ/ CONTRACT CELL/ 2021/ Gevra-C&S-03, dated 7.09.2022
(d) Tender No.- HEC/PROJ/ CONTRACT CELL/ 2021/ Gevra-C&S-04) dated 7.09.2022"
2. It is not in dispute that as regards the continuation of work by the petitioner, the work already stands allotted to a third party more than three years back and now the relief if any relates to the monetary claims of the petitioner for which adequate provision has been made in the contract entered into between the parties more particularly clause-23 thereof which reads as under:
"23.0 Settlement of disputes It is incumbent upon the contractor to avoid litigation and disputes during the course of execution. However, if such disputes take place between the contractor and the department, effort shall be made first to settle the disputes at the company level.-2-
2025:JHHC:32208-DB The contractor should make request in writing to the Engineer-in- charge for settlement of such disputes/ claims within 30 (thirty) days of arising of the cause of dispute/ claim falling which no disputes/claims of the contractor shall be entertained by the company.
Effort shall be made to resolve the dispute in two stages In first stage dispute shall be referred to the Site In-charge. If difference still persists the dispute shall be referred to a committee constituted by the owner.
If differences still persist, the settlement of the dispute shall be resolve in the following manner:
Disputes relating to the commercial contracts with Central Public Sector Enterprises/ Govt. Departments (except Railways, Income Tax, Customs & excise duties)/ State Public Sector Enterprises shall be referred by either party for Arbitration to the PMA (Permanent Machinery of Arbitration) in the department of Public Enterprises.
In case of parties other than Govt. Agencies, the redressal of the dispute may be sought through Arbitration (THE ARBITRATION AND CONCILIATION ACT, 1996 as amended by AMENDMENT ACT of 2015)."
3. Since the parties have mutually agreed to resolve their dispute in a manner as provided in clause 23 (supra), we see no reason to entertain this writ petition. Consequently, the same is disposed of by permitting the petitioner to take recourse to clause 23 and in the event of the petitioner approaching the respondents for settlement of disputes as provided for, we have no doubt in mind that the respondents shall consider the same and try to resolve it in the manner given in clause 23 (supra). The entire exercise shall be completed as expeditiously as possible and in any event by 31st December, 2025.
4. Pending Interlocutory Application, if any, stands disposed of.
(Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) 16.10.2025 N.A.F.R. APK/VK.
-3-