ASSOCIATE ENTERPRISE Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) IN challenge is the decision of the Coal India Limited (hereinafter for short as 'cil') to award the work of transferring coal in the railway wagons from its stock at Tirap and Tikak railway siding to the respondent No. 6, as contained in the letters dated 16. 01. 2007 to the said effect.

(2.) I have heard Mr. A. B. Choudhury, Senior Advocate assisted by Mr. H. Hoque Advocate for the petitioner, Mr. M. Z. Ahmed, Senior Advocate for CIL and Mr. P. K. Goswami, Senior Advocate assisted by Mr. S. Sharma, Advocate for respondent No. 6.

(3.) AS the edificial facts and the legal issues, are common, both these petitions were heard analogously and are being disposed of by this common order. A brief outline of the facts leading to the instant proceedings needs to be sketched for better comprehension of the rival contentions. The petitioner, a registered partnership firm, claims to be engaged in transfer of coal into railway wagons under the CIL for 18 years and had been settled with the same work for the term 2003-2004. The North Eastern Coal Fields, Coal India Limited, Margherita issued NIT dated 25. 09. 2002, inviting tenders for the work "transfer of coal into railway wagons from stock stacked at railway siding at different location in loose condition. " The locations were identified as Tirap and Tikak siding. While the period of works was 24 months, the estimated value of the work corresponding to the two aforesaid sidings was Rs. 2,25,00,000/- each. Approximate quantity of coal to be transferred was mentioned to be 5,00,000/- metric ton each year. The petitioner and the respondent No. 6 alongwith others submitted their tenders for the work related to Tikak and Tirap siding. The rates quoted by the petitioner and respondent No. 6, were as hereunder :