SENDOZ COMMERIAL PVT. LTD. Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THIS writ petition pertains to e -auction. The petitioner was successful in the auction and took delivery of the goods upon making payment. About eighteen months later a supplementary bill was raised by the respondents on the petitioner for an amount of Rs.29,94,906.38/ -. The petitioner disputes this bill.

(2.) THE supplementary bill that has been raised by the respondent no.2 is on account of alleged excess supply of coal to the petitioner. The alleged excess amount was detected upon re -weighment of a rake. Clauses 7.4 and 7.8 of the terms and conditions of Spot e -auction Scheme, 2007 provide as follows:

(3.) THE petitioner seems to have made out a prima facie case. Accordingly, I direct the respondent no.2 not to adjust the said amount of Rs.15,64,802.19/ - against any alleged claim of the respondent no.2, if such adjustment has already not been done.