BENGAL TOOLS LIMITED Vs. MAHANADI COALFIELDS LIMITED

JUDGEMENT

(1.) APPALLED by the perceived wrongful invocation of the Price Fall Clause contained in the Terms and Conditions governing the transaction of the Belt Conveyors to the opp. party -Mahanadi Coalfields Limited (for short, hereinafter referred to as "MCL"), the petitioner is before this Court questioning the decision for recovery of excess payment made and also disallowance of its balance payment of 20% of the price of the supplies made.

(2.) WE have heard learned Mr. Ashok Mohanty, learned Senior Counsel for the petitioner and Mr. Sanjeet Mohanty, learned Senior Counsel for the opp. party -MCL.

(3.) THE petitioner had responded to the notice inviting tender dated 10.12.2004 of the opp. party -MCL inviting sealed bids from the eligible suppliers for supply of Trunk Belt and Pony Conveyors, etc. as per the technical details and schedule of requirement elaborated therein.