Dismissed

Jagannath Carrier Services Pvt. Ltd., New Delhi v. Mahanadi Coalfields Ltd., Sambalpur

Orissa HC7 Sept 2022WP(C)/23055/2022

Case brief

AI extract

What is this about?

This writ petition sought a direction to replace 10-wheeler tippers with 12-wheeler tippers and to dispose of a pending representation within 15 days. The Court found the absence of MoU terms permitting capacity enhancement and the tender nature of the matter declined to issue directions but granted liberty to pursue other remedies.

What did the court decide?

Petition stood disposed of; liberty granted to pursue remedy before appropriate forum. No direction issued for replacement or disposal of representation.

Jagannath Carrier Services Pvt. Ltd., New Delhi Vs… — Service and Employment | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 23055 of 2022

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Jagannath Carrier Services Pvt. Ltd., New Delhi

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Petitioners

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Mr. A. Mohanty, Advocate

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Vs.

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Mahanadi Coalfields Ltd., Sambalpur & Anr.

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….. Opposite Parties

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CORAM:

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DR. JUSTICE B.R. SARANGI Mr. JUSTICE G. SATAPATHY

ORDER

07.09.2022

Order No.

1 This matter is taken up through hybrid mode.

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Heard Mr. A. Mohanty, learned counsel for the

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petitioner.

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The petitioner has filed this writ petition seeking direction to opposite party no.1 to allow the petitionercompany to replace the existing old tippers (10-Wheeler) tippers by new tippers (12-Wheeler) and further to dispose of its representation at Annexure-2 within a period of 15 days. 4. Mr. A. Mohanty, learned counsel for the petitioner contended that the petitioner-company has engaged its tippers of tippers (10 Wheeler) with maximum capacity of 16 tonnes, under the opposite party-MCL. As those tippers have become old, now the petitioner wants to replace the same by 12 wheeler tippers. To the above extent, although the petitioner has made a representation to opposite party no.1 vide Annexure-2, the same is still pending without being attended to. Therefore, the petitioner seeks direction to the opposite party to dispose of the said representation within 15 days.

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Having heard learned counsel for the petitioner and

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after going through the records, it appears that a Memorandum of Understanding between CIL & DGR was executed, sub-clause-(iv) of Clause-6 whereof states that the minimum capacity of the tippers should be 10 wheelers i.e. 16 tonnes. Since the petitioner wants to enhance the tippers capacity from 10 wheeler to 12 wheeler, this Court called upon learned counsel for the petitioner to place before this Court the materials to that effect whereby the authority has agreed to enhance the capacity of the tippers, but he was unable to indicate anything from the writ petition. In absence of any terms and conditions of the MoU with regard to enhancement of capacity of the tippers and also what would be their maximum capacity, this Court is not inclined to issue any direction to dispose of the representation, as it is a tender matter. However, liberty is granted to the petitioner-company to pursue its remedy before the appropriate forum, if it is so advised.

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With the above observation, the writ petition stands
disposed of.
7. Issue urgent certified copy as per rules.
( DR. B.R. SARANGI )
JUDGE
( G. SATAPATHY )
Alok/Subhasmita JUDGE

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Alok/Subhasmita

Jagannath Carrier Services Pvt. Ltd., New Delhi v. Mahanadi Coalfields Ltd., Sambalpur

Case brief

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Jagannath Carrier Services Pvt. Ltd., New Delhi v. Mahanadi Coalfields Ltd., Sambalpur

Case brief

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