SHOURYA IMPEX Vs. BHARAT HEAVY ELECTRICAL LIMITED

JUDGEMENT

(1.) By means of this writ petition, petitioner has sought the following reliefs:-

(2.) It transpires that B.H.E.L. had issued an e-auction notice, inviting bids for disposal of Ferrous Turning and Boring Scrap mixed with Balling Strips Scrap. Petitioner submitted bid pursuant to the said e-auction notice and he was found to be the highest bidder. The acceptance letter/sale order issued to petitioner is on record as Annexure No.2. Perusal thereof reveals that scrap was to be lifted in 6 lots (each lot containing 200 metric tons) and the payment for the first lot was to be made within 15 days from the date of sale-order and payment for the second and subsequent lots was to be made within 30 days, after last date of payment specified for the earlier lots.

(3.) According to the petitioner, he lifted the first two lots within the stipulated time, after paying price of scrap and taxes. However regarding third lot, which was to be lifted on 16/3/2020, due to COVID-19, the same could be lifted only on 7/1/2021, although petitioner had deposited the price therefor on 31/10/2020. According to the petitioner, thereafter he was not permitted to lift any lot, despite repeated representations, although he had offered to pay the price alongwith interest on the delayed payment.