Dismissed

International Commerce Limited Through Its Managing Director Shree Kumar Lakhotia v. The Secretary Ministry Of Coal And Ors.

Jharkhand HC13 Jun 2019WPC/635/2016

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the rejection of candidature for a tender. The Court held that the work order was issued and work had commenced over three years prior, with no interim stay, thus interfering was not inclined.

What did the court decide?

Writ petition dismissed; liberty reserved to file an application for damages before the competent civil court.

International Commerce Limited Through Its Managing… — Company and Corporate | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 635 of 2016

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International Commerce Limited through its Managing Director Shree Kumar Lakhotia … … Petitioner

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-V e r s u s-

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1.The Secretary, Ministry of Coal, New Delhi – 110 001.

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2.Managing Director, Coal India Limited, Kolkata, West Bengal 700001. 3.General Manager, Central Coal Fields Limited, Ranchi. 4.Director (T), Operation Central Coal Fields Limited, Ranchi.

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… Respondent.

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CORAM: - HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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… For the Petitioner : - Mr. Hemant Kumar Shikarwar, Advocate. For the Respondents : -Mr. Anoop Kumar Mehta, Advocate.

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05/13.06.2019 This writ petition is under Article 226 of the Constitution of

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India, whereby and whereunder the order of rejection of evaluat ion of candidature of the petitioner dated 27.01.2016 (Annexure-10) has been assailed.

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Mr. Anoop Kumar Mehta, learned counsel appearing for the Respondents at the outset has submitted by referring to the stand taken by the Respondents in the counter affidavit that in pursuance to the Notice Inviting Tender, the work order has been issued in favour of the successful bidder and the work has also been started on 07.08.2016, therefore, the work is in progress since last more than three years, therefore, nothing survives to be adjudicated upon in this writ petition, save and except if the petitioner wants to claim any damages for which the remedy lies before the competent court of civil jurisdiction.

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Upon hearing the learned counsel for the petitioner and considering the aforesaid submission, this Court is in agreement with the contention of Mr. Anoop Kumar Mehta, learned counsel for the respondents, therefore, taking into consideration the aforesaid aspect

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of the matter, since, in pursuance to the Notice Inviting Tender dated 27.01.2016, the work order has been issued on 07.08.2016 and there is no interim order of any nature passed by this Court, in view thereof, since the Notice Inviting Tender has been given effect to and the work is in progress, this Court is not inclined to interfere with the issues agitated by the petitioner.

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Accordingly, the writ petition stands dismissed.

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However, reserving liberty to the petitioner that if he so

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choose, may file appropriate application for damages.

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(Sujit Narayan Prasad, J.)

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APK

International Commerce Limited Through Its Managing Director Shree Kumar Lakhotia v. The Secretary Ministry Of Coal And Ors.

Case brief

What is this about?

What did the court decide?

International Commerce Limited Through Its Managing Director Shree Kumar Lakhotia v. The Secretary Ministry Of Coal And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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