Uttarakhand High Court
WPMS/325/2022 on 21 February, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 21ST DAY OF FEBRUARY, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 325 of 2022
BETWEEN:
Shourya Impex ...Petitioner
(By Mr. B.M. Pingal and Mr. Pankaj Singh Chauhan, Advocates)
AND:
Bharat Heavy Electrical Limited
and Another ...Respondents
(By Mr. I.P. Kohli, Advocate)
JUDGMENT
By means of this writ petition, petitioner
has sought the following reliefs:-
"I. Issue a writ, rule, order or direction in
the nature of certiorari quashing the
impugned order dated 11.02.2022 issued
by respondent no.2 (contained as
Annexure No.1 to this writ petition) or to
mould the relief appropriately, kee
petition. in view the facts highlighted in
the body of writ
II. Issue a writ, rule, order or direction in
the nature of mandamus directing the
respondent authorities to permit the
petitioner to deposit the remaining
installment with delayed interest in
respect to 4th, 5th and 6th lots of material
Code: SCP510000010 by extending
/rescheduling the date as mentioned in
the acceptance/ sale orders detail dated
02.01.2020 for 4th, 5th and 6th lots by
issuing delivery order in favour of the
petitioner"
2. It transpires that B.H.E.L. had issued an e-
auction notice, inviting bids for disposal of Ferrous
Turning & Boring Scrap mixed with Balling Strips
Scrap. Petitioner submitted bid pursuant to the said
e-auction notice and he was found to be the highest
bidder. The acceptance letter/sale order issued to
petitioner is on record as Annexure No.2. Perusal
thereof reveals that scrap was to be lifted in 6 lots
(each lot containing 200 metric tons) and the payment
for the first lot was to be made within 15 days from
the date of sale-order and payment for the second and
subsequent lots was to be made within 30 days, after
last date of payment specified for the earlier lots.
3. According to the petitioner, he lifted the
first two lots within the stipulated time, after paying
price of scrap and taxes. However regarding third lot,
which was to be lifted on 16.03.2020, due to COVID-
19, the same could be lifted only on 07.01.2021,
although petitioner had deposited the price therefor on
31.10.2020. According to the petitioner, thereafter he
was not permitted to lift any lot, despite repeated
representations, although he had offered to pay the
price alongwith interest on the delayed payment.
4. Petitioner is aggrieved by a communication
dated 15.02.2020, issued by Deputy Manager-CSX,
B.H.E.L., Haridwar, whereby petitioner was informed
that Competent Authority has decided to cancel the
contract for the remaining lots/quantity, and the
security amount of the petitioner has been forfeited on
the ground that petitioner failed to adhere to the
payment schedule for 4th, 5th and 6th lot.
5. Learned counsel for the petitioner submits
that petitioner is not at fault as he was ready and
willing to lift the 4th, 5th and 6th lot; petitioner had
made representation seeking permission to make the
payment, but his representations went un-headed with
the authorities.
6. Per-contra, Mr. I.P. Kohli, learned counsel
appearing for B.H.E.L. submits that petitioner has
committed default, inasmuch as he has not deposited
any amount for lifting the 4th lot. He further submits
that the price of Ferrous Turning & Boring Scrap mixed
with Balling Strips Scrap has increased substantially
during the last two years and permitting the petitioner
to lift the remaining lots at old price would not be in
the interest of B.H.E.L. He however submits that if
petitioner makes a representation to the Competent
Authority in B.H.E.L., the same shall be considered
sympathetically.
7. In such view of the matter, writ petition is
deposed of with liberty to petitioner to make fresh
representation to the Competent Authority in B.H.E.L.
within one week from today. It shall be open to the
petitioner to make such representation through e-mail.
The Competent Authority shall consider the
representation submitted by petitioner and pass
appropriate order as per law, as early as possible, but
not later than two weeks from the date of receipt of
representation. For a period of three weeks or till
decision on petitioner's representation, whichever is
earlier, status-quo as on today shall be maintained.
(MANOJ KUMAR TIWARI, J.)
Shubham
