PRAKASH ENGINEERING Vs. BHARAT COOKING COAL LIMITED

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner had come before this court for a direction upon the respondents to accept the Control Panel of MAMC -11 Dredger which is lying with the petitioner after its rehabilitation work as per the Letter of Intent which was handed over to him on 29th, April, 1999. The petitioner has also sought for a direction upon the respondents to release the payment which the petitioner has incurred in rehabilitation work of MAMC -11 Dredger amounting to Rs. 4,94,633.00/ According to the petitioner, who is S.S.I Unit at Ranchi, it is submitted that the quotation for rehabilitation work of control panel of MAMCII dredger at Bhowra Shore Plant was submitted by him, for which sealed quotations were invited. On completion of negotiation the petitioner's application was found to be satisfactory and the Management issued Letter of Intent for repairing of 11 KV PTCT Unit. Against the tender no. 82 dated 9/10041999 a letter of intent was issued for repairing of three numbers of 11 KV PTCT Unit with setting up of three numbers of metering unit at the total cost of Rs. 1,40,400 vide Annexure4. Learned counsel for the petitioner submits that the materials meant for rehabilitation were handed over vide challan dated 22nd April, 1999 (Annexure6) in respect of which vide Annexure4 dated 29th April, 99, letter of intent was issued to him. It is submitted that after rehabilitation work was over the petitioner was surprised to receive a communication dated 1st June, 1999 from the respondents informing that Letter of Intent has been kept in abeyance for the time being. It is submitted that since that date the item referred to in Annexure6, which were handed over to him for rehabilitation work vide letter dated 22nd April, 99, are lying in his premises after he has undertaken the repair but neither the respondents are accepting the said items which belong to them nor any payment is being made despite representations made vide Annexures 7 and 10 series.

(3.) AFTER hearing learned counsel for the parties and having gone through the relevant materials on record, it appears that the respondents are required to arrive at a conscious decision over the issue as the respondents themselves had handed over certain materials for rehabilitation vide Annexure6 dated 22nd April, 99 and in respect of which a letter of intent was issued on 29th April, 99. A letter by which the L.O.I has been kept in abeyance has been issued after more than one month on 1st June, 99 and, as it appears from the statement of the petitioner, these items are still lying in the petitioner's premises although they belong to the respondents.