LAWS(JHAR)-2006-7-20

SHIVANG TRANSPORT COMPANY Vs. BHARAT COKING COAL LIMITED

Decided On July 12, 2006
SHIVANG TRANSPORT COMPANY Appellant
V/S
BHARAT COKING COAL LIMITED Respondents

JUDGEMENT

(1.) Originally the writ application, was filed by the petitioner company for quashing of the order as contained in Annexure-13 dated 24-9-1997 issued under the signature of the respondent No. 3, whereby the petitioner company was blacklisted from doing any transportation job with the management of the BCCL. Subsequently, by filing amendment application, further prayer was added in the writ application for direction to the respondent to pay the amount of outstanding bills of the petitioner, which was pending before the respondents as disclosed in Annexure- 18 and 18/1 with interest @ 18 % p.a.

(2.) In course of argument Mr. Singh, learned senior counsel appearing for the petitioner submitted that during the pendency of this writ application the entire outstanding amount, which was due to the petitioner, has already been paid to him and, therefore now he has no grievance so far as the payment of any outstanding dues is concerned but he submits that no interest as claimed by the petitioner, has been paid over the said amount and, therefore, the petitioner is confining this writ application for quashing of Annexure-13, i.e. black-listing of the petitioner and for payment of the interest over the amount, which was with held by the respondents and subsequently, paid by them till the date of payment.

(3.) The relevant facts in short are. that vide Annexure-l the petitioner was awarded a work order on 14-11-1996 by the respondents for transportation of raw coal from Kusunda Open Cast Project of Kusunda Area to Sudamdih Washery vide Annexure -1 to the writ application. An agreement was entered into between the parties with regard to the said work order on 14.11.1996.