BLASTEE (INDIA) PROVATE LIMITED Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The writ petition is moved on service on the respondent nos.1 and 2. The principal respondent is the Coal India Limited. So far as the third respondent is concerned, it appears that the registered envelope has been returned with an hindi endorsement "Asampurn Pata" which means, I am informed, "incomplete address" in the language of this Court. Accordingly, the writ petition is ready as regards service.

(2.) Briefly the case of the writ petitioner is that an arbitrary clause relating to fall of price has been first included in the "pre-contract integrity pact" which had to be signed in terms of the notice invited the tender and second by its invocation on the ground that goods may have been supplied to some one else at a lower price relating to public sector enterprises by some other party to the first respondent.

(3.) Since the petitioner had no volition in accepting or rejecting such clause but had to sign this contract in order to be eligible for the distribution of the largesse of the State, it was not possible for the petitioner to challenge this act earlier. The writ petitioner, however, in order to avoid loosing the opportunity to participate in the process of the distribution of largesse of the State, while protesting the against decision to invoke the price fall clause, replied to Annexure 'P-5' of the writ petition by accepting the order for supply of the quantity by the respondent no.1 under protest.