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2025 DAILYLAW 41306 (JHR)

UBV INFRASTRUCTURES LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE PRABHU KUMAR v. BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR

WPC/4246/2021 · 2025-12-03

Rajesh Shankar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. 2025:JHHC:36261-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4246 of 2021 UBV Infrastructures Limited, a public limited company incorporated under the Companies Act, 2013, having its registered office at H. No. 32, Golden Homes, Khamardih, Shankar Nagar, P.O. Raipur H.O., P.S. Civil Lines, District Raipur, Chhattisgarh, through its authorized representative Prabhu Kumar, son of Rajesh Singh, aged about 33 years, resident of 58, D-Block, Near Bank of India, Sector-4, Bhuli, P.O. & P.S. Bhuli, District Dhanbad, Jharkhand. ... Petitioner Versus 1. Bharat Coking Coal Limited (a subsidiary of Coal India Ltd.), having its registered office at Koyla Bhawan, P.O. Koyla, Nagar, P.S. Saraidhela, District Dhanbad through its Chairman cum Managing Director Bharat Coking Coal having its office at Koyla Bhawan, P.O. Koyla Nagar, P.S. Sairaidhela, District Dhanbad. 2. The Chairman cum Managing Director Bharat Coking Coal having its office at Koyla Bhawan, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 3. General Manager (Contract), Contract Management Cell, Level-V, Bharat Coking Coal Ltd., Koyla Bhawan, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad 4. General Manager, Govindpur Area, Bharat Coking Coal Ltd., P.O. & P.S. Sonardih, District Dhanbad. ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Mr. Vibhor Mayank, Advocate Mr. Rohitashya Roy, Advocate For the Respondents: Mr. Anoop Kumar Mehta, Advocate Mr. Subham Malviya, Advocate --------- 04/Dated: 03.12.2025 Tarlok Singh Chauhan, C.J.(Oral) 1. The instant petition was filed way back in the year 2021 for grant of the following reliefs:- Neutral Citation No. 2025:JHHC:36261-DB a. In the nature of certiorari for quashing the communication contained in Letter No. 3266 dated 07.10.2021 (Annexure- 12) issued from the office of the respondent no. 4 in terms of which the Letter of Acceptance /Award of Work for Hiring of HEMM for removal of ОВ, Extraction and Transportation of Coal from IV(T), V/VI/VII, VIII A, VIII B, VIII C, IX, X & XI/XII Seams of Patch-H, New Akashkinaree Colliery, Govindpur Area, BCCL issued in favour of the petitioner has been cancelled arbitrarily; b. For a further writ / order / direction commanding upon the respondents to provide Hard Copy / Original Copy of Letter of Acceptance of work contained in letter no. 344 dated 20.08.2021 (Annexure-2) issued by the respondent no. 3 in favour of the petitioner so that the petitioner is able to provide the requisite performance security by way of bank guarantee, as the Banker of the petitioner is insisting for Hard Copy / Original Copy of the said Letter of Acceptance dated 20.08.2021; c. For a further writ / order / direction commanding upon the respondent authorities to accept the performance security by way of Bank Guarantee by giving appropriate time extension to the petitioner for submission of such performance security and further direct the respondents to issue formal work order in favour of the petitioner and fulfill such other formalities required to enable the Neutral Citation No. 2025:JHHC:36261-DB petitioner to commence with the work immediately and forthwith. 2. Vide order dated 27th of October 2021, the finalization of the tender was made subject to the final outcome of this writ petition. However, during pendency of the writ petition, the recommendation of the Tender Committee dated 17.10.2022 appears to have been placed before the competent authority, namely, the Functional Director of BCCL and the FDs in their meeting held on 21st of January 2022, wherein this Committee was pleased to accept the recommendation of the Tender Committee and it was resolved to cancel the tender and go for re-tendering of the job and accordingly, fresh tender was issued. 3. Obviously, in such circumstances, the petition questioning the tender process of 2021, more particularly the Letter of Acceptance dated 20.08.2021 has been rendered infructuous. 4. The writ petition is disposed of accordingly. 5. Pending application(s), if any, shall also stand disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) December 03, 2025 N.A.F.R. Manoj/Pramanik/Cp.2 Uploaded on 05.12.2025