IDL EXPLOSIVES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition as filed under Article 226 of the Constitution of India, the writ petitioner being an authorized explosive manufacturer and supplier has prayed for a direction upon the respondents, more specifically respondent no.2/ Coal India Limited (CIL in short) to conduct the testing of the explosive as supplied by the writ petitioner to the respondent no.2/ CIL by Chief Controller of Explosives with a further prayer for issuance of appropriate writ restraining the respondent no.2/CIL from conducting such test by CMPDI/ respondent no.8 herein pursuant to the notice inviting tender dtd. 12/7/2019.

(2.) From the materials as placed before this Court by the parties to the instant writ petition it reveals that respondent no.2/CIL issued notice inviting tender"cum-E-Reserve auction for supply of bulk explosives in the year 2017 and 2019. Pursuant to such Notice Inviting Tenders (NIT in short) the writ petitioner participated in the said tender processes and in course of the bidding process, the writ petitioner is found to be a successful bidder. Thereafter, two running contracts which were valid for two years and commenced from 1/11/2017 and 10/10/2019 respectively were entered into by and between the writ petitioner and the respondent no.2/CIL. In accordance with the terms of contract the writ petitioners supplied permitted explosives to the respondent no.2/CIL which has been tested by the respondent no.8 company/CMPDI and the outcome of the said test result of the explosives are found to be not satisfactory.

(3.) According to the respondent no.2/CIL for non-supply of requisite standard of explosives pursuant to the said contracts, the respondent no.2/Authority has imposed penalty upon the writ petitioner causing deduction of the bills of the writ petitioner to which the writ petitioner felt aggrieved and filed the instant writ petition. It is pertinent to mention herein that a Co-ordinate Bench of this Court at the motion stage of the instant writ petition by its order dtd. 20/11/2019 passed the following order:-