DIGITAL WEIGHING SYSTEMS PVT LTD Vs. FOOD CORPORATION OF INDIA

JUDGEMENT

(1.) The petitioner is a Private Ltd. Company engaged in business of manufacturing and services of weighing systems. The petitioner was supplier of weighing systems to the Food Corporation of India, the first respondent herein. On 23rd August, 2005, a notice signed by Shri A. K. Sahni, General Manager (Engineering) under the authority and on behalf of the Executive Director (Engg.), Food Corporation of India, Project Implementation Division, New Delhi, the second respondent herein, was issued to the petitioner, a copy of which is marked as document D-1 along with the rejoinder filed by the petitioner to the return of respondent No. 3, which reads as follows :

(2.) Under North Zone our service engineer is already on journey to reach Agartala Nandan Nagar FSD, along with spares and material that are to be replaced as desired. An intimation in this regard has been sent to concerned office and rectification whatsoever will be completed by 1st week of September, 2005. Followed by the same service engineer will arrive at FSD Ramnagar, Silchar to undertake rectification for Weighbridge as found necessary. As asked by concerned North East Zone office it is expected the work will be completed by the time frame given.

(3.) As far as FSD Kazipet under South Zone is concerned, has been discussed while appeared before. Few documentary evidence in support was also submitted and convinced satisfactorily during across the table discussion. However we have undertaken all possible work on war foot to ascertain proper working of Weighbridges of FCI. Inconvenience caused is highly regretted. Thanking you, Yours faithfully, For Digital Weighing Systems Pvt. Ltd. Chief Executive (Sales)" The petitioner submitted one more reply dated 15-9-2005 to the show cause notice. The second respondent having considered the replies of the petitioner, ultimately passed the impugned order on 28-9-2005, a copy of which is marked as Annexure P-1, which reads as follows :