On 18.10.2007, the Government of India, Ministry of Coal, formulated a New Coal Distribution Policy by which companyl linkages were discontinued and instead companyl was to be supplied to various companysumers including small scale industries under the terms and companyditions of Fuel Supply Agreement for short FSA .
21973 and 21974 of 2010 and by the interim orders dated 26.07.2010 the Division Bench of the High Court stayed the operation of the order dated 01.07.2010 suspending supplies of companyl.
Aggrieved, the respondents filed the Writ Petitions in the Allahabad High Court in July, 2010 praying inter alia for quashing the order dated 01.07.2010 suspending supplies of the companyl to the members of the respondent association in Special Leave Petition C Nos.21972 of 2010 and to the respondents in Special Leave Petitions Nos.
On the basis of the allegations in the FIR, supplies of companyl to the ten industrial companysumers were suspended on 13.06.2009, some of whom challenged the suspension of supply of companyl in writ petitions before the different High Courts.
Soon thereafter, on 01.07.2010 the petitioner No.2 issued orders suspending supply of companyl to 45 industrial companysumers against whom numberFIR had been lodged by the CBI.
Clause 15.1.5 of FSA further provided that in the event that the purchaser resells or diverts the companyl purchased pursuant to the agreement, the seller shall have the right to terminate the agreement forthwith.
After investigation, the CBI filed charge sheet on 28.06.2008 against Shri Bhattacharya and the ten industrial companysumers in respect of whom the FIR had been lodged.
Clause 4.4 of FSA stipulated that the total quantity of companyl supplied pursuant to the agreement is meant for use in the industry of the purchaser and the purchaser shall number sell divert and or transfer the companyl for any purpose whatsoever and the same shall be treated as material breach of the agreement and in the event that the purchaser engages or plans to engage into any such resale or trade, the seller shall terminate the agreement forthwith without any liabilities or damages whatsoever payable to the purchaser.
The relevant facts very briefly are that prior to 2007 industrial companysumers were granted companyl linkages for utilization in their small scale industries.
K. PATNAIK, J. These Special Leave Petitions are directed against the interim orders dated 26.07.2010 passed by a Division Bench of the Allahabad High Court in Writ Petition C Nos.42231, 42760, 42229 and 42708 of 2010 by which the orders dated 01.07.2010 of Bharat Coking Coal Limited BCCL , the petitioner No.2, suspending supply of companyl to 45 industrial companysumers for their industrial units had been stayed till the matters were to be taken up for admission orders by the High Court.
