M/S Ram Avtar Engineers Private Limited ... vs The Union Of India Through Secretary on 14 September, 2021

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Jharkhand High Court

M/S Ram Avtar Engineers Private Limited ... vs The Union Of India Through Secretary on 14 September, 2021

Bench: Rajesh Shankar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(C) No.2586 of 2021

            M/s Ram Avtar Engineers Private Limited through one of its Director, Shri
            Abhishek Kumar Singh                             .....   ... Petitioner
                                               Versus
            The Union of India through Secretary, Ministry of Coal, Mines &
            Parliamentary Affairs, New Delhi & Ors.           .... .... Respondents
                                      --------

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate Mr. Abhay Kumar Mishra, Advocate For the Res. Nos.2 to 4 : Mr. A.K. Das, Advocate

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04/14.09.2021 The present writ petition is taken up today through Video conferencing.

I.A. No.5027 of 2021

The present interlocutory application has been filed on behalf of the petitioner seeking amendment at the relevant part of the writ petition including paragraph-1 and prayer portion of the same.

Mr. Anil Kumar Sinha, learned senior counsel for the petitioner submits that during pendency of the writ petition, the General Manager, Barora Area, Bharat Coking Coal Limited (in short 'BCCL') has issued a letter under Reference No.843 dated 19th August, 2021 by reasons of which the petitioner-company has been banned from being eligible to submit the bids in future tenders of the respondent - BCCL for a period of two years from the date of issuance of the said letter.

Having heard learned counsel for the parties and keeping in view that issuance of letter under Reference No.843 dated 19th August, 2021 is a subsequent development taking place during pendency of the present writ petition and by allowing the petitioner to challenge it in the writ petition will not change the nature of the same, the petitioner is permitted to make necessary amendment as prayed in paragraph 10 of the present interlocutory application.

Learned counsel for the petitioner is directed to incorporate the additional prayer as made in paragraph 10 of the present interlocutory application by making necessary insertion in the relevant part of the writ petition.

I.A. No.5027 of 2021 stands disposed of.

Since, the General Manager, Barora Area, Bharat Coking Coal -2- Limited, who has issued the letter under Reference No.843 dated 19 th August, 2021 is not a party respondent in the present writ petition, the petitioner is also permitted to implead the said authority as respondent no.5 in the present writ petition.

Considering the present pandemic situation, the office is directed to make necessary insertion with regard to impleadment of the respondent no.5 in cause title of the present writ petition.

W.P.(C) No.2586 of 2021

Despite order dated 9th August, 2021, no counter affidavit has been filed on behalf of the respondent - BCCL.

Mr. A.K. Das, learned counsel appearing on behalf of the respondent - BCCL, prays for four weeks' time, by way of last indulgence, to file the counter affidavit.

In view of the said prayer, put up this case under the appropriate heading on 2nd November, 2021.

It is made clear that if no counter affidavit is filed before the next date fixed, the respondent - BCCL shall pay a cost of Rs.5,000/- in favour of Advocates' Association Welfare & Development Fund, Jharkhand High Court, Ranchi.

(Rajesh Shankar, J.) Rohit

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Jharkhand High Court