1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MCA No. 422 of 2008. In W. P. No.3628 of 2006 (Decided). M/s Punya Coal Roadlines Vs. WCL and another. -------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri W. G. Charde, Advocate for the applicant. Shri SC Mehadia Advocate for R-1 & 2. Coram : A.H. Joshi, and R. C. Chavan, JJ. Dated : 12th December, 2008. 1. The applicant is seeking review of the Judgment tendered by this Court on 2-8-2007. 2. The entire emphasis is on the text of the letter Annexure-E to the Writ Petition, which consists of following words. “Tenders received & opened on 06-02-2006 against Tender Notice No.46/2005-06 for the work of “(A) Gondegaon to Godhni siding: Job (1) Hiring of payloaders & Tippers for mechanical loading of coal into tippers from stock yard of Gondegaon OCM, its transportation to feeder breaker and unloading the same in the feeder breaker of Gondegaon OCM and Job (2), Job (3) & (4) as per NIT (B) Godegaon to Dumri Khurd siding: 2 Job (1) Hiring of tippers for loading of coal from chute of feeder breaker of Gondegaon OCM, its transportation after weighment at colliery weighbridge to Dumri Khurd Railway siding, Reweighment at the weighbridge at Dumri Khurd siding and unloading at platform/stockyard,” are hereby cancelled with forfeiture of the EMD deposited by the tenderers. This issues with the approval of competent authority.” [Quoted from page 78 of Annex.E from WP No.3628/06 (Decided)] According to the applicant, the real purport of the letter Annexure-E is that entire tender process was cancelled. 3. According to the applicant, once the tender process was cancelled, there are no grounds factual or legal to forfeit EMD. 4. This Court has construed this letter and, therefore, the Judgment based an interpretation of document cannot be regarded as based on an error of fact apparent on the face of record. Any further discussion is, therefore, not warranted. 3 5. In absence of grounds for reasons as to error apparent on the face of record and so manifests, there are no grounds for review. 6. Misc. Civil Application is rejected. JUDGE JUDGE /Muley/