SHOURYA IMPEX Vs. BHARAT HEAVY ELECTRICAL LTD.

JUDGEMENT

(1.) The petitioner in the present Writ Petition has modulated his reliefs in the following manner:-

(2.) Primarily, certain factual backdrops, which are required to be considered and referred to are, that as a consequence of issuance of e-tender notices on 30/11/2019, for the purposes of disposal of ferrous, turning and boring scraps, the petitioner on 2/1/2020, had participated in the auctioning process and he was ultimately declared as a successful bidder and a letter of acceptance was issued in this favour. It was thereafter, he submits, that he was permitted to lift the first lots, the petitioner had made the payment for the 2nd lot, however, he was not permitted to lift the same, as a consequence of an order of 11/2/2020. The reason assigned for his inability to lift the 2nd , lot was on account of the unfortunate prevalent situation due to covid-19.

(3.) There has been a change of schedule, which was permissible by the respondents for the purposes of lifting of the scrap lots, as settled by the letter of acceptance, which was issued in favour of the petitioner on 2/1/2020, but since, there was an obstruction which was being raised in granting permission to lift the lot, despite of the fact, that he had made the payments for the lifting of the 2nd and 3rd lot, the petitioner consistent request for lifting of the subsequent lots, i.e. 4th, 5th and 6th were not acceded to till the respondents proceeded to pass the impugned order dtd. 11/2/2022, as a consequence of which, it was observed that since the petitioner has failed to adhere to the payment schedule for lifting of 4th , 5th and 6th lots, due to increase of rates of ferrous turning and boring scraps, the BHEL has decided to "cancel the contract" , and as a consequence thereto, the security deposit of Rs.25,65,840.00 was forfeited.