TRF LTD Vs. ENERGO ENGINEERING PROJECTS LTD

JUDGEMENT

(1.) The brief facts in O.M.P. (I) (COMM.) No.65/2015 as per the petitioner are that the petitioner was awarded two separate contracts by Energo Engineering Projects Ltd. (respondent herein)- one pertaining to the supply of Wagon Tippler and Side Arm Charger vide Purchase Order dated 6th May, 2014. Another work order dated 26th May, 2014 was issued to the petitioner for erection and commissioning of the Wagon Tippler and Side Arm Purchaser. The value of the aforesaid two contracts was approximately Rs.50.10 crores. As per the terms of contract, the petitioner was required to execute Advance Bank Guarantee of 10% of the total value of the supply contract and separate Bank Guarantee being a Performance Bank Guarantee for 10% of the order value. Accordingly, the petitioner executed two separate Bank Guarantee in favour of the respondent aggregating to a value of Rs.9,64,01,600/-. Pursuant to the aforesaid orders, the petitioner started dispatching the goods in question to the respondent from 5 th December, 2014 and had continued to dispatch the said goods up to 29th September, 2015.

(2.) The brief facts in O.M.P. (I) (COMM.) No.66/2015 as per the petitioner are that the petitioner was awarded two separate contracts by respondent, one pertaining to the supply of Wagon Tippler and Side Arm Charger vide Purchase Order dated 10th May, 2014. Another work order dated 10th May, 2014 was issued to the petitioner for erection and commissioning of the Wagon Tippler and Side Arm Purchaser. The value of the aforesaid two contracts was approximately Rs.12,17,67,000/-. As per the terms of contract, the petitioner was required to execute Advance Bank Guarantee of 10% of the total value of the supply contract and separate Bank Guarantee being a Performance Bank Guarantee for 10% of the order value. Accordingly, the petitioner executed two separate Bank Guarantee in favour of the respondent aggregating to a value of Rs. 2,34,03,400/-(Rs.1,12,26,700/- + Rs.1,21,76,700/-). Pursuant to the aforesaid orders, the petitioner started dispatching the goods in question to the respondent from 2 nd December, 2014 and had continued to dispatch the said goods up to 28th September, 2015.

(3.) The brief facts in O.M.P. (I) (COMM.) No.68/2015 as per the petitioner are that the petitioner was awarded two separate contracts by the respondent pertaining to the supply of Reversible Bucket Wheel Type Stacker - cum - Reclaimer vide Purchase Order dated 22nd October, 2011. The value of the aforesaid contracts was approximately for an amount of Rs.37,25,00,000/-. As per the terms of contract, the petitioner was required to execute advance Bank Guarantee of 10% of the total value of the supply contract and separate Bank Guarantee being a Performance Bank Guarantee for 10% of the Order Value. Accordingly, the petitioner executed two separate Bank Guarantee in favour of the respondent aggregating to a value of Rs. 7,03,00,000/- (Rs.3,51,50,000/- + Rs.3,51,50,000/-). Pursuant to the aforesaid orders, the petitioner started dispatching the goods in question to the respondent from 30th April, 2012 and had continued to dispatch the said goods up to 23rd July, 2015. The petitioner had dispatched materials of a value of Rs.35,23,65,000/-.