ALOK COAL AGENCY Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) Although this writ application was listed under the heading. "To be mentioned" with consent of parties, this application was treated to be on day's list as 'Listed Motion'.

(2.) Mr. Pal, learned counsel appearing on behalf of the petitioners has raised a short question in support of this application. Learned counsel submits that the petitioners having substantially complied with the condition No. (d) of special conditions as appearing in the tender notice as contained in Annexure 'A' to the writ application by filing the requisite certificate as contained in Annexure 'B' to the writ application, the request of the Chief General Manager, Production of Northern Coalfields Limited, Singroli, in terms of his letter dated 23.9.95 to submit experience certificate duly counter signed either by the concerned Director or CMD of Central Coalfields Limited within 26.9.95 which was impossible to be performed, the respondents should be directed to grant suitable extension.

(3.) Mr. Roy appearing on behalf of the respondents, however, submits that this court has no territorial jurisdiction to entertain this writ application. Learned counsel further submits that from a perusal of the special conditions as referred to by Mr. Pal, it would appear that a certificate is required to be submitted for the period of August 1992 to July 1995, but from a perusal of the certificate dated 1.2.95 filed by the petitioners as contained in Annexure 'B' to the writ application it would appear that the same is for the period of February 1992 to January 1993. Learned counsel contends that in this view of the matter the certificate does not conform to the requirement either in form or in procedure.