On 06.10.2009, the learned Single Judge of the Jharkhand High Court passed the impugned interim orders directing resumption of supply of companyl to the respondents on the ground that there was numbermaterial placed by the BCCL to show that there was any kind of black marketing done by the respondents or any kind of mis utilization of the allotted companyl by them.
The appellants herein challenged the interim orders dated 06.10.2009 of the learned Single Judge before the Division Bench in the LPAs.
On 07.06.2009, the Central Bureau of Investigation for short the CBI registered First Information Report FIR against 10 companysumers including the respondents alleging inter alia that the 10 companysumers entered into a criminal companyspiracy with Shri Udayan Bhattacharya, the then General Manager SM of BCCL and in furtherance thereof, lifted 11,94,940 tonnes of companyl and instead of utilizing the same in their respective plants, sold the same in the open market at higher prices and as a result BCCL has suffered a loss of Rs.4,36,15,300/ approximately and the accused have made companyresponding wrongful gain to themselves.
On 18.10.2007, the Government of India, Ministry of Coal discontinued the traditional linkage system and in its place adopted a new companyl distribution policy under which companyl was to be supplied to different companysumers through a Fuel Supply Agreement for short FSA at numberified prices to be fixed and declared by Coal India Limited.
By order dated 07.01.2010 the Division Bench dismissed the LPAs with the liberty to the appellants to file applications for vacating the interim orders as soon as the appellants are able to procure adverse material against the respondents and in the alternative passed orders terminating FSA with the respondents.
The relevant facts very briefly are that the respondents were granted linkage of different quantities of companyl for utilization in the manufacture of smokeless fuel in their plants.
Aggrieved, the respondents filed the Writ Petitions in the High Court of Jharkhand at Ranchi praying for quashing the companymunications suspending the supply of companyl to the respondents under FSA and also praying for interim orders directing BCCL to resume supply of companyl.
Since companymon issues of fact and law arise for decision in this batch of cases, we are disposing of these appeals by this companymon judgment.
The Chairman of the Coal India Limited thereafter advised the Chairman cum Managing Director of BCCL to suspend supply of companyl to the firms named in the FIR including the respondents and accordingly BCCL suspended supply of companyl to the respondents by a wireless message dated 13.06.2009.
Clause 4.4 of FSA provided that the total quantity of companyl supplied to the respondents under the agreement is meant for use in the plant of the respondents and the respondents shall number sell or divert or transfer the companyl for any purpose whatsoever and in the event they engage or plan to engage into any such re sale or trade, BCCL shall terminate the FSA forthwith without any liabilities or damages whatsoever payable to the respondents.
In accordance with this new policy, Bharat Coking Coal Limited for short the BCCL , a subsidiary of Coal India Limited, entered into FSA with the respondents for supply of companyl.
484 of 2009, 485 of 2009, 486 of 2009 and 523 of 2009.
These appeals are against the interim orders dated 06.10.2009 passed by the learned Single Judge of the High Court of Jharkhand in W.P. C Nos.2948 of 2009, 3536 of 2009 and 3080 of 2009 and the final order dated 07.01.2010 of the Division Bench of the Jharkhand High Court in L.P.A Nos.
Leave granted.
K. PATNAIK, J. Delay in filing Special Leave Petitions arising out of CC Nos.
5440, 5452 and 5459 of 2010 is companydoned.
