ARUNODAYA COAL AGENCY Vs. WESTERN COALFIELDS LTD

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and the writ petition is heard finally with consent of the learned counsel for the parties.

(2.) The petitioner has questioned the impugned decision dated September 26, 2024 whereby the contract dated May 02, 2022 for transportation of coal so also for removal of overburden came to be terminated. The petitioner is also debarred from participating in the future tenders of the Western Coalfields Limited in individual capacity or as partner in partnership firm or Joint Venture for a period of two years from the date of issuance of the impugned order as per the terms and conditions of the contract. The petitioner's security deposit, performance guarantee and additional performance security at the disposal of the respondents also came to be forfeited.

(3.) The facts necessary for deciding the writ petition are as under:- The petitioner is a proprietary concern, claiming to be registered as a small scale enterprise under the Micro, Small, Medium Enterprise Act on on October 09, 2023. The respondent-Western Coalfields Limited, is a company registered under the Indian Companies Act, 1956 entered into an agreement/contract for execution of job viz. Removal of all type of materials (Hard OB) in all kinds of strata by hiring of equipments, removal of all type of materials (BC soil/Soft OB), removal of all type of materials (OB Rehandling), evacuation of coal from quarry face and transportation to surface by hiring of equipments as per instruction of Engineer-in-charge at Amalgamated Yekona-I and II OCM (Yekona-I Quarry) of Majri area for an approximate amount of Rs.103.00 Crores.