Calcutta High Court (Appellete Side)
Sta-Ucc (Joint Venture Enterprise) vs Coal India Limited & Ors on 14 December, 2021
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
14.12.2021.
Court No.13
Item No. 59
ap W.P.A. No. 18623 of 2021
(Through Video Conference)
STA-UCC (Joint Venture Enterprise)
Versus
Coal India Limited & Ors.
Mr. Kartik Kurmy,
Mr. Vinay Shraff,
Ms. Priya Sarah Paul.
...For the petitioner.
Mr. Aniruddha Chatterjee,
Mr. Syed Nurul Arefin,
Mr. Rahul Singh.
..For the respondent nos.2 to 5.
Despite service of notice, the respondent nos.6 and 7 are not represented. Affidavit-of-service filed in Court today be taken on record.
The petitioner is aggrieved that the respondent no.6 who is controlled by the respondent No. 7, has been declared as L-1, in the process of NIT for hiring HEMM for removal and transportation of 831.90 L.Cum of OB, extraction and transportation of 213.50 L Te of Coal and re-handling of 451.00 L. Cum OB at Mohanpur Expansion OC patch (Phase-II) under Salanpur Area being e-tender notice dated 31st May, 2021.
After opening the price bid, the writ petitioner was ranked L-2 and the respondent no.6 was L-1.
It is submitted that a constituent of the respondent no.6 has been banned by ECL vide communication dated 13th September, 2021 being 2 Annexure - P/9 to the writ petition. Reference is also made to another order of banning of four constituents of the respondent No. 6 vide communication dated 31st March, 2020. It is stated that each of the persons mentioned in paragraph 13 to 14 and 21 are constituents and alter egos of the other and are in the sole and exclusive control and management of the respondent No-7.
Counsel for the ECL submits that the order of banning dated 13th September, 2021 issued by ECL has been stayed.
This Court is of the view that since there is an order of banning, some the constituents of the respondent no.6 and in effect the constituents of the respondent No. 7, the tender process should not go ahead any further.
It is, therefore, ordered that the work order under the subject tender issued to the respondent no.6 shall remain stayed until Thursday week i.e. 23rd December, 2021.
The petitioner as well as ECL shall serve notice of this order on the respondent nos.6 and 7 indicating that the matter shall be taken up for further consideration on 20th December, 2021 at 10:30 A.M. as a Specially Fixed Matter.
List the matter accordingly.
3All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)