SRI P.V. VENU GOPAL, SENIOR COUNSEL REPRESENTING SRI v. SEETHARAMA AVADHANI

Thg^ .singareni Collieries Company Limited. pO. Kothasudem cblieries : sozrbi etsIdijiriri.iii'JE"ru!, District (r.S) 3. The Generat Manaoer l9yl, Ing Singareni Collienes Company Limited. corporate contract -tr/anigeriient D"prr[r"Li, id'.'"tiotnaguoem corieries - 5071o1, Bhadradri xotnasiaem rjis-t;;iti.bj.'', ' " ''' 4. The General Manaoer (Srirampur Area), The Singareni Collieries Company - Limired, Srirampur_5b43be, ur["r.,"ri"'i3iri;;i (isj:' The Proiect Officer. Sriramour Open. Cast I and ll lntegrated project, The Singareni Coilieries com,iany [imit"-O]-'SrJ"iirpri_EoaeoZ. Mancheriar District, Telangana. - o State Bank of lndia. Reo. h ar";"hi30o5,r.isLr;"i"H,riJffi ;!in,"t,"lu"."",lf :!:,tl.31i"il?3:E No. 12, Anand Banjara cotony, dun;"iuirilr",'iiia#[ii'_Eoo os+. ...RESPONDENTS Petition under Arlicre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant a direction or order more particurarry in the nature of writ of Mandamus decraring the action of the Respondents in insisting the petitioner to I' extend the BGs pending finalization of the processing and pe illegal, contrary to the terms of the Work Order, arbitrary, cap r the Petitioners right to carryon the business and consequ,l respondents no. 1 to 5 not to insist for extension of any bank g under letter Ref . No. SRP/FAD/Bills/2025-26 1099 dated 1 5/9/2 Nos. '1 3039228G0000932 dated 2711212022 amount Rs. 13039228G0000933 dated 27 11212022 amount Rs. 8,18,00,000 respondent or issue any other order or directions as the Hon'tr and proper in the circumstances of the case. Else serious lost; Tment of Bills as oious and affects tly to direct the Jarantee covered ; bank guarantee 3,'r 8,00,000 and ssued by the 6th r Court deems fit s ensured to the Petitioning Company. lA NO: 1 OF 2025 Petition under Section '15'1 CPC praying that in the circu-r stances stated in the affidavit filed in support of the petition, the High Court may [rr an interim Direction or Order to the Respondents not to take: letter Ref. No. SRP/FAD/Billsl2025-2611099 dated 15lgl25 l<t guarantee Nos. 13039228G0000932 daled 2711212022 amoLtr 1 pleased to issue ny action on the rnvoke lhe bank Rs.8,18,00,000, and 1 3039228G0000933 daled 2711212022 amounl Rs. 8,'18,00, 6th respondent or issue any other order or directions as the I deems fit and proper in the circumstances of the case_ Ek;, ensured to the Petitioning Company. 00 issued by the onourable Court serious loss is lA NO: 2 OF 2025 Between: 1 2 J 4 The Singareni Collieries Company Limited, A Company r :orporated under the Companies Act, 1956, Reg. Office at Kothagudem Collie ies, Kothagudem Collieries - 50710, Bhadradri Kothagudem District (T.S), ll )presented by its Chairman and Ir4anaging Director. The Director -(P & P), The Singareni Collieries Com6,i ny Limited, PO. Kothagudem Collieries - 507101, Bhadradri Kothagudem D s rict (T.S). The General Manager (CM), The Singareni Collieries ( rmpany Cglngrate Contract Management Department, PO Kotha,l rdem Co 5071O1, Bhadradri Kothagudem District (T.S). Limited, llieries - The General lvlanager (Srirampur Area), The Singareni Ci llieries Company Limited, Srirampur-504303, Mancherial District (T.S).

5. The Project Officer, Srirampur Open Cast land ll lntegrated Project, The Singareni Collieries Company Limited, Sreerampur-504302. Mancherial District, Telangana. ... PETITIONERS/RESPONDENTS AND

1. M/s Prasad Sushee (Joint Venture), Unit No.86/2, 6th Floor, Tower-B, VAJRAM-CMR ONE, Left side of lr,lalkam Cheruvu/Chitrapuri Colony Crossroads Raidurg, Hyderabad-S0O104. Ranga Reddy District, Telangana. Rep. by its General Manager/Authorized Signatory [vlr. Ravi Vinnakota ...RESPONDENT/PETITIONER 2. State Bank of lndia, Commercial Client Group Branch 13039, NSL lcon Building 1't and 2nd floor Door No. 8-2-68412J A, iload No- 12, Anand Banjara Colony, Banjara Hills, Hyderabad-soo 034- ...RESPONDENTS/RESPON DENTS Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 17-09-2025 passed in l.A.No.1 of 2025 in W.P.No.283'13 ot 2025. Counsel for the Petitioner: SRI P.V. VENU GOPAL, SENIOR COUNSEL REPRESENTING SRI V. SEETHARAMA AVADHANI Counsel for the Respondents No.1 to 5: SRI P. SRI HARSHA REDDY, S.C. FOR SINGARENI COLLIERIES CO. LTD. The Court made the following: ORDER r I i i l .l IN THE HIGH COURT FOR THE STATE OF T.E LANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BH]:EMAPAKA WRIT PETITION No.28313 of2( 25

09.L2.2o2s Between: M/s Prasad Sushee (Joint Venture) ...Petitioner AND The Singareni Collieries Company Limited, A Company incorporated under the Compalies Act, t )56, Reg. Office at Kothagudem Collieries, Kothagudem Collieries - SO7 iO, Bhadradri Kothagudem District (T.S), Represented by its Chairman & Managing Director art I 5 others ORDER: . . Respondents This Writ petition is hled to declare the respondents, insistence on extension of bank guarantees pendir 3 processing and pavment of bills as illegal, contrary to the rvork order, arbitrarl, a,d violative of the petitioner,s right to carrr cn business, a-nd to direct respondents 1 to 5 not to insist on exter sion of bank guarantees under letter Ref.No.SRp/F AD /Btlls /,2: 25_261l}gg,

15.09 .2025, namely g-uarantee z Nos. 1303922BG00O0932 and 13O3922BG0OO0933 dated 27.12.2022 for Rs.S,18,00.000 each, and to return Rs.5,68,81,71 4 f - recovered towards further security deposit under Clause 2.3 .6 of t]ne work order'

2. Heard Sri P.V.Venu Gopal, learned Senior Counsel representing Sri V'Seetharama Avadhani, lealned counsel for the petitioner and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited for respondent Nos' I to

5. Perused the record'

3. Learned counsel for petitioner hled an undertaking stating that petitioner is the General Manager/Authorized signatory of the petitioner company and the lst respondent has invited on the e procurement portal of Government of Teiangana, a notice inviting tender (NIT) for awarding the work of Overburden removal along u.ith connected other works for a period of years on 20 'O2 2016 and petitionel u'as awarded the contract. It is stated that the said work is completed long back and the frna-l bill is pending' It is further stated that petitioner hereby undertake that their company has no objection if SCCL to effect any recoveries beyond the final bill amounts of SRP Po No.76000o6484, dated 29.06.2016 from - 3 the running bills of JVR OCP, u'here they are e>( :uting simiiar work vide PO. No. 76000 07 64 4, dated 30.0 1. 20 1 9.

4. Learned counsel for the respondents hled ct rnter affida'",it stating that SCCL, a Government company, awardec the petitioner an OB removal contract in 2016, but final bil settlement is pending due to a vigilance enquiry into alleged diese, poor performance. 'lhe Telangana Vigilance 8, diversion and Enforcement Department and CAG found shortages, diversi n of diesel, ineligibility for diesel l;onus, and recommended rec: ,eries totaling about Rs. 118.847 crore, rvith a criminal case also 1,, nding. As the work completion report is vet to be approved, S() lL insists on extension of two Bank Guarantees of Rs.8.18 crore el :h in terms of Clause 2. 1 of the Work Orcler, to safeguard recoverit.: . Though this Court granted interim protection against invocaticr of the BGs, SCCL seeks its vacation. contending that non-ext rnsion u'ould cause irreparable 1oss, the petitioner has no prima r cie case, ald the u,rit petition is not maintainable and the same s liable to be dismissed.

5. Considering the submissions made by both counsel and in vierr. of t he undertaking filed b1. he petitioner >.) the learned agreeing to permit the respondents to effect an],recr).eries bevond I t 4 - x the hnal bill amount of SRP Purchase Order No'7600006484, dated 29.06.2016 from the running bills of the ongoing JVR OCP work under Purchase Order No.76O0007644, dated 30'O1'2019, this Court is of the considered opinion that no iurther adjudication on the merits of the dispute is required.

6. Accordingiy, the writ petition is disposed of recording the undertaking given by the petitioner- The respondents are directed to process and settle the petitioner's frna'l bilt in accordance with lau, and in terms of the work order. There shall be no order as to CoStS Pending miscellaneous applications, if any, shall stand closed. SD/.M. NAGAMANI ASSISTANT REGISTRAR To //TRUE COPY// SECTION OFFICER 1 The Chairman and Manaoino Director,^Singareni Collieries Compa ny Limited, A Company incorporated" u"noer tne'com'pZ,itir"iill' itso, nuo . Office at Kothagudem _ Coitieries, Kothaguoem' b-otii;;""'-doi10:" Bhadradri Kothagudem Diskict (T.S). The Director (P and p). Th^e. Singareni Collieries Company Limited, pO Kothasudem Colieries - Sozr or, enLd;,jri k"oii,lg;;#'rii.tri"t g.s; The General Manaoer {CIV), The Singareni Collieries Company corporate co ntract -Man)oeriien g uoem co 5071 01, Bhadradri Kothas;de; oirlriEr ti.b].''' Dea; ;i; ";i id.' "riojia Limited, llieries - r . 2 3 4 LH,g:t"J*#11?ryr%r!"i'f, i:fr J;#::*.,.;liFiB3i,"nico,ieriescompanv I 5 The Project Officer, Srirampur Open Cast I and ll lnt€(.ated project, The !1ng-arer coilieries comiany Limiteo,- sreerimpur-t;i +soz. rrrr'ar,,iireriar District, Teldngana.

6. One CC to SRt V. SEETHARAMA AVADHANI, Advocate l( pUCl 7. One CC to SRt P SRt HARSHA REDDY, S.C. for Singr .eni Coilieries Co. Ltd IoPUC] 8. Two CD Copies \ MP BS YK I ', I I {IGH COURT DATE D:09/1212025 -...'j---::_=::' -. ..,; c.._ '' i'- 30[tiffir '\t Ar' -rpr.-tCt1E rj ', t 'j ORDER I I WP.No.l 8313 of 2025 DISPOSING OF THE WI iIT PETITION W!TI. OUT COSTS I A , ---+ ;i:1trtt ) /'7--\ 0j