BPCL AND ARETPL JV Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This intra court appeal by the writ petitioner is directed against the order dtd. 13/10/2023 in WPA 19005 of 2023. The said writ petition was filed by the appellant to quash the communications sent by the respondent dated March 15, 2023, March 29, 2023, April 1, 2023, May 28, 2023, June 10, 2023, July 21, 2023, and August 1, 2023; to quash the respondent ECL authorities with regard to the invocation of the bank guarantee and for other incidental and ancillary reliefs. By the impugned order, the writ petition was dismissed.

(2.) Mr. Saptangshu Basu, Learned Senior Advocate appearing for the appellant submitted that the only issue that the appellant canvasses before this court in this appeal is the correctness of the order passed by the respondent banning the appellant from participating in any tender/business with the respondent for a period of three years. It is contended that the appellant has been punished twice by terminating the contract awarded to the appellant and another by banning of business of the appellant which is not permissible in law and it is hit by the principles of double jeopardy.

(3.) Further it is submitted that the order impugned in the writ petition does not reflect that the appellant's reply to the show cause notice has been considered at all. It is further submitted that the Learned Single Bench ought to have considered that the respondents failed to fulfil their reciprocal obligations apropos handing over of adequate lands and/or mining area and it is manifest that the respondents had no intention of fulfilling the reciprocal obligations under the contract. It is submitted that the entire proceedings initiated by the respondents is without application of mind and without considering any of the responses given by the appellants to the show cause notices. The order impugned in the writ petition is devoid of reasons and therefore liable to be set aside.