(1.) THIS Writ Petition is filed for a mandamus to declare the action of respondent No.2 in not extending the period of the petitioners agreement dated 6 -5-2013 for lifting 25,000 M.Ts. of C and D grade Barytes as illegal and arbitrary. As an alternative relief, the petitioner etitioner claimed refund of non -performance deposit in the event this Court is not inclined to grant the main relief claimed in paragraph (a) of the prayer of the Writ Petition.
(2.) THE facts leading to the filing of the Writ Petition are as under:
(3.) THE petitioner is a pulverising mill and it has entered into an agreement with respondent No.2 on 6 -5 -2013 for purchase of C+D+W grades of Barytes. As per Clause -1 of the agreement, the period of contract is upto 23 -4 -2014. Under Clause -5 the agreement rate payable per M.T. is Rs.1926/ -. Under Clause -3, the petitioner is entitled to purchase 30,000 M.Ts. of all grades of Barytes. Under Clause -10, the petitioner shall deposit performance security deposit of Rs.57,78,000/ -.