Disposed

Sri Varalakshmi Agencies, v. Union of India

Kerala HC22 Mar 2019WP(C)/7550/2019

Case brief

AI extract

What is this about?

Petitioner contractor challenged the quality test results of steam coal supplied to the 2nd and 3rd respondents. The High Court directed the 3rd respondent to finalize the petitioner's request for third-party testing within three weeks, allowing time for hearing and document consideration.

What did the court decide?

Direction to 3rd respondent to finalize representation (Ext.P12) for third-party testing within three weeks, after hearing petitioner and examining documents.

Sri Varalakshmi Agencies, Vs Union of India — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941

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WP(C).No. 7550 of 2019

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PETITIONER/S:

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SRI VARALAKSHMI AGENCIES, P4, 2ND CROSS STREET, TURN BULLS ROAD, NANDANAM, CHENNAI - 600 035, REPRESENTED BY ITS PROPRIETOR, BALAJI ASOKAN.

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BY ADVS. SRI.K.S.BABU SMT.BOBBY U. NAIR SMT.DHANUJA M.S SMT.MINU SIBY ROY SMT.N.SUDHA SRI.BABU SHANKAR

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RESPONDENT/S:

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1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES, BLOCK-14, LODHI ROAD, CGO COMPLEX, DELHI - 11003. 2 HINDUSTAN NEWSPRINT LIMITED, NEWSPRINT NAGA P.O., KOTTAYAM DISTRICT, VELLOOR, KERALA - 686 616, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 HEAD OF THE DEPARTMENT COMMERCIAL, HINDUSTAN NEWSPRINT LIMITED, NEWSPRINT NAGA P.O., KOTTAYAM DISTRICT, VELLOOR, KERALA - 686 616. R1 BY SRI. P.VIJAYAKUMAR, ASG R2 & R3 BY SRI. V.KRISHNA MENON, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7550 of 2019 2

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JUDGMENT

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Petitioner is a contractor, engaged by the 2^nd

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respondent company, in the purchase and supply of steam coal (Non-cooking coal) to various companies and establishments. The tender notification was published in the website of the 2^nd respondent for supply of 10,000 MT of steam coal. The offer submitted by the petitioner was accepted and the 2^nd respondent issued Ext.P3 letter of intent.

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According to the petitioner, petitioner transported first load of coal with

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specifications/parameters as mentioned in the tender. On unloading at the 2^nd respondent's yard, samples

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were taken by the 2^nd respondent for testing at its own lab. The test result annexed along with Ext.P7

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showed various variations from the

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specifications/parameters of the tender, whereas, Exts.P5 and P6 reports obtained from independent testing agencies following international standards showed results in accordance with the parameters as per the tender and purchase order.

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Matters being so, petitioner has submitted Ext.P12 representation before the 3^rd respondent, which is pending consideration, in which, a request

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WP(C).No. 7550 of 2019 3

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is made to test the products in a third party lab also. The sole relief sought for is early consideration of Ext.P12.

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Having heard learned counsel for the petitioner and learned Standing Counsel for the respondents, there will be a direction to the 3^rd respondent to finalize Ext.P12 at the earliest and at any rate, within three weeks from the date of receipt of a copy of this judgment, after providing an opportunity of hearing and participation to the petitioner, taking into account, whatever documents produced along with Ext.P12.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 22.03.2019

WP(C).No. 7550 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE TRUE PHOTOSTAT COPY OF TENDER NO.HNL/COAL/4/110.
EXHIBIT P2	THE TRUE PHOTOSTAT COPY OF DEMAND DRAFT NO.918188 DATED 01/12/2018 OF THE UNION BANK, CHAMIERS ROAD, CHENNAI FOR RS.5,00,000/- IN FAVOUR OF THE 2ND RESPONDENTS.
EXHIBIT P3	THE TRUE PHOTOSTAT COPY OF THE LETTER OF INTENT DATED 31/12/2018 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER.
EXHIBIT P4	THE TRUE PHOTOSTAT COPY OF THE PURCHASE ORDER NO.990441 DATED 15/01/2019 ISSUED BY THE 3RD RESPONDENT IN THE NAME OF THE PETITIONER.
EXHIBIT P5	THE TRUE PHOTOSTAT COPY OF THE TEST RESULTS DATED 20/02/2019 ISSUED BY TCRS (THERAPEUTICS CHEMICAL RESEARCH CORPORATION) TO M/S.ADANI ENTERPRISES LTD.
EXHIBIT P6	THE TRUE PHOTOSTAT COPY OF THE REPORT ON SAMPLING AND ANALYSIS DATED 19/02/2019 ISSUED BY INSPECTORATE GRIFFITH INDIA PVT.LTD.
EXHIBIT P7	THE TRUE COPY OF THE LETTER DATED 16/02/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER WITH HNL LAB REPORT DATED 15/02/2019 ENCLOSED.
EXHIBIT P8	THE TRUE COPY OF THE REPLY DATED 19/02/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P9	THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 25/02/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P10	THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 27/02/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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WP(C).No. 7550 of 2019 5

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EXHIBIT P11 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 01/03/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P12 THE TRUE PHOTOSTAT COPY OF LETTER DATED 05/03/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P12 A THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF EXHIBIT P12.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Sri Varalakshmi Agencies, v. Union of India

Case brief

What is this about?

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Sri Varalakshmi Agencies, v. Union of India

Case brief

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What did the court decide?

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