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High Court Of ChhattisgarhWPC/1397/2016disposed off

Binod Kumar Jaiswal v. National Thermal Power Corporation Limited

2016-11-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1397 of 2016 Binod Kumar Jaiswal S/o Late Raja Ram Jaiswal, Aged About 53 Years Proprietor M/s Gaurav Electricals, Opposite Goodluck Tyres, Near Bagga Hotel, Bilaspur Road, Bhanpuri, P.O. Birgaon, P.S. Khamtarai, Tehsil Raipur, Civil & Revenue District Raipur, (Chhattisgarh) ---- Petitioner

Versus

1. National Thermal Power Corporation Limited Through The General Manager (C & M), P.O. Vikas Bhawan, Jamnipali- 495450, Distt. Korba, (Chhattisgarh)

2. National Thermal Power Corporation Limited, Through The General Manager (Finance), P.O. Vikas Bhawan, Jamanipali- 495450, Distt. Korba, (Chhattisgarh)

3. M/s M. S. T. C. Limited, Through Its Dy. Manager, E R O, Eastern Regional Office ( E R O Kolkata), 225- F, A.J.C. Bose Road, Kolkata- 700020 (West Bengal) ---- Respondents For Petitioner :

Shri Vivek Chopda, Advocate For Respondents No.1 & 2 :

Shri B.D. Guru, Advocate S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/11/2016

1. The petitioner has filed this petition aggrieved on account of alleged refusal on the part of the respondents to lift the auctioned quantity of material which the petitioner claims to have purchased in the auction.

2. On the last date of hearing, learned counsel for respondents No. 1 & 2 was directed to seek instructions. Shri B.D. Guru, learned counsel appearing for respondents No. 1 & 2, on instructions, submits that the petitioner is at liberty to lift the quantity purchased by him vide delivery order dated 28.4.2016 (Annexure P-2) in respect of the material, description of which has been stated in auction

-2paper Annexure P-1 against lot No.381.

3. In view of the above statement which has now been made before this Court by the respondents-Corporation, dispute if any between the parties appears to have been resolved and, therefore, keeping the statement of learned counsel for respondents No. 1 & 2 on record, this petition at this stage is disposed off. As per delivery order, the petitioner shall be allowed to lift the concerned material under lot No.381 in the quantity purchased by him and mentioned in the delivery order dated 28.4.2016 (Annexure P-2). Sd/-- (Manindra Mohan Shrivastava) Judge Praveen