LAXMI ENTERPRISES Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Heard Mr. H.K. Mehta, learned counsel appearing on behalf of the petitioner, Mr. A.K. Das, learned counsel appearing on behalf of the respondent-CCL and Mr. P.A.S. Pati, learned counsel appearing on behalf of the respondent-Central Bank of India.

(2.) The petitioner has preferred this writ petition for a direction upon the respondents to allow the petitioner to lift the coal as applied/approved under Annexure-1 series on receipt of the payment amounting to Rs.34,01,300/- which has been sent by the petitioner to the respondents under RTGS on 06.01.2014 through Central Bank of India, Piska More Branch, Ranchi. Further prayer is made to give a direction upon the respondent-CCL to refund the EMD of Rs.5 lakh to the petitioner with interest @12% per annum from the date of deposit till the data of refund as mentioned in Annexure-1 series of the writ petition.

(3.) Mr. H.K. Mehta, learned counsel appearing on behalf of the petitioner submits that the petitioner has deposited a sum of Rs.34,01,300/- on 06.01.2014 vide cheque no.006313 from Current A/c No.3262686907 through Central Bank of India, Piska More Branch, Ranchi in the name of beneficiaries A/c CCLR 0001605983, Punjab National Bank, Ranchi. He further submits that just after four days the aforesaid amount has been credited in the account of respondent-CCL as contained in Annexure-4 to the writ petition. Thereafter, the petitioner got information from the bank that due to the technical problem the amount was re-credited in the account of petitioner and after that the petitioner made request to the respondent-CCL for extension of time for payment of e-auction allotment due to the return of RTGS as contained in Annexure-5 series to the writ petition. He further submits that the petitioner is bonafide successful bidder has deposited EMD to the respondent- CCL.