Aka Logistics Private Limited vs Central Coalfields Limited And ...
2023 Latest Caselaw 1558 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                   W.P.(C) No. 105 of 2023

                  Aka Logistics Private Limited                 ...      ...     Petitioner
                                           Versus
                  Central Coalfields Limited and Ors.    ...         ...        Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Sumeet Gadodia, Advocate : Mrs. Shipli Shandil Gadodia, Advocate : Mr. Ritesh Kr. Gupta, Advocate : Ms. Akancha Mittal, Advocate For the Respondents : Mr. Anoop Kr. Mehta, Advocate

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04/11.04.2023 Learned counsel for the petitioner submits that the matter be posted on 17.04.2023. He submits that Senior counsel Mr. S.J. Sanjay, Senior Advocate, is schedule to assist this Court on that day.

2. However, upon perusal of the records of this case at page no.214, there is a specific clause no.11 with regard to settlement of dispute which in turn refer to clause 4.18 and 4.18 A of Section 4 of Commercial Terms & Other Conditions and Price Bid of Bid Document. Clause 4.18 and 4.18A are at page no.116 and 117 of the writ records which provides for settlement of dispute through arbitration.

3. In the aforesaid backdrop, learned counsel for the petitioner is required to satisfy this court with regard to maintainability of the present writ petition.

4. The learned counsel of the petitioner has referred to para no.53 and 82 of the judgment passed by Hon'ble Supreme Court reported in (2023) 2 SCC 703 (M.P. Power Management Company Ltd. Jabalpur Vs. Sky Power Southeast Solar India Private Limited and Ors.) to submit that in spite of there being an arbitration clause, the present writ petition is maintainable on account of the arbitrary action of the respondents.

5. The learned counsel has also submitted that the forfeiture of the EMD is referable to Clause 19 at page no.77 of the writ records. Learned counsel for the petitioner has submitted that primarily the case of the petitioner would rest upon the documents contained in Annexures - 2, 20 and 21.

6. Post this case on 17.04.2023 to be taken up at 12.30 p.m.

(Anubha Rawat Choudhary, J.) Saurav/