UTKARSH INDIA LIMITED Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) This appeal is directed against the order passed by the Hon 'ble Single Bench in WPA No.10528 of 2021 on 28.05.2021 and whereby the Hon 'ble Single Bench has been pleased to dismiss the Writ Petition for want of territorial jurisdiction and without entering into the merits of the petition.

(2.) The factual background in which the question of territorial jurisdiction arises in brief is that a notice inviting tender was published by the Respondent No. 1 from Materials Management Department, Central Coalfields Ltd., Darbanga House, Ranchi, Jharkhand 834001, for procurement of 148 sets High Mast Lightning Tower (Fixed and Mobile) with 8 nos./18 nos. Led Light Fittings with DG sets for different areas of CCL.

(3.) The Appellant Company participated in the bid in respect of 4 items out of 7 items mentioned under serial no. 1,2, 3 and 7 of schedule of requirements and its such bid was accepted by the Respondent and was called for e-auction on 1st October 2020. The Appellant made deposit of requisite earnest money amounting to Rs. 23,98,780. The validity of the offer was extended upto 31.05.2021 and, in the meantime, the appellant was requested by the respondents to submit requisite documents as per requirement of the NIT in respect of item no.7 twice, but having failed to comply, AppellantNo.1 's bid in respect of item no.7 was rejected being technically unacceptable. Consequently, the Appellant No. 1 has been declared as a defaulter in respect of item no.7. The earnest money of Rs. 23,98,780 has been forfeited as penalty and the appellant no.1 disqualified from participating in the tender process in respect of item no. 7 of the schedule of NIT, for a period of one year by serving the impugned letter dtd. 21.05.2021.