Ms Kem & Pcr Joint Venture Firm Thr Its ... vs Central Coalfields Limited Through Its ... on 27 November, 2017

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Jharkhand High Court

Ms Kem & Pcr Joint Venture Firm Thr Its ... vs Central Coalfields Limited Through Its ... on 27 November, 2017

Bench: Rajesh Shankar

                              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                                 W.P.(C) No. 6155 of 2017

                       M/s KEM & PCR Joint Venture Firm through its authorized signatory Sri
                       Yugpradhan Mehta                                          ...Petitioner
                                            -V e r s u s-
                       Central Coalfields Limited through its Chairman-cum-Managing Director & Ors.
                                                                       .         ..Respondents
                              CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR
                       For the Petitioner   :- Mr. Atanu Banerjee, Advocate
                       For the respondent- :- Mr. Amit Kumar Das, Advocate

       03/27.11.2017

I.A. No. 9133 of 2017 By way of present interlocutory application, the petitioner has prayed for issuance of an interim order staying the operation, implementation and execution of the impugned order contained in letter No. G.M. (Opr.)/ Magadh/Coal Transp/ KEM & PCR/17-18/1102 dated 13.09.2017/ corrigendum dated 14.09.2017.

Learned counsel for the petitioner submits that vide impugned letter dated 13.09.2017, as modified vide subsequent letter dated 14.09.2017, the petitioner (joint venture firm) along with M/s. Khandelwal Earth Movers and M/s. Punya Coal Roadlines has been debarred from participating in future tenders of Central Coalfields Ltd. in individual capacity or as a joint venture for three years. Learned counsel further submits that after filing of the present writ petition, the petitioner (joint venture firm) wants to participate in the tender issued by the Western Coalfield Ltd. on 15.11.2017.

Learned counsel for the respondent -CCL submits that since the petitioner has challenged the order debarring it for a period of three years, such interim order, as prayed by the petitioner, is in the nature of finally adjudicating the writ petition.

Considering the aforesaid submissions of the learned counsel for the parties, I am not inclined to grant any such interim order as prayed by the petitioner.

I.A. No. 9133 of 2017 is, accordingly, dismissed.

W.P.(C) No. 6155 of 2017

Vide order dated 07.11.2017, the respondent - CCL was granted three weeks' time to file counter affidavit, but the same has not yet been filed. Learned counsel for the respondent - CCL prays for two weeks' more time to file counter affidavit.

Time, as prayed for, is allowed.

Put up this case after two weeks under the heading "for Admission".

., (Rajesh Shankar, J.) Ritesh

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