MEGHALAYA CEMENTS LTD Vs. UNION OF INDIA
LAWS(MEGH)-2013-11-14
HIGH COURT OF MEGHALAYA
Decided on November 26,2013

Meghalaya Cements Ltd Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

S.R.SEN, J. - (1.) This writ petition is directed against the impugned letter dated 11.05.12 No. SC/NCDF/FSA/LOA/08/247 which is at Annexure -XI (Page -93).
(2.) The petitioner's case in nut shell is that "an application under Article -226 of the Constitution of India for a Writ in the nature of certiorari and/or a writ in the nature of mandamus and/or any other appropriate writ, direction or order challenging the Clauses 4.5, 9.1, 9.2 and 15 of the contract agreement dated 18.07.2008 as well as the impugned invoice dated 10.05.2012 for payment of compensation and impugned Notice of Termination dated 29.05.2012.
(3.) The petitioner vide this impugned writ petition is challenging the impugned Clause 4.5 (for compensation for short lifting), Clauses 9.1, 9.2 (price of coal) of the contract agreement and Clause 15 (for Termination of agreement) dated 18.07.2008 entered into between the petitioner and the respondent No. 3 for the supply of coal for the period of 5(five) years from the first delivery date. The petitioner vide this instant writ petition is also challenging the impugned invoice No. C -3 -4/12 -13/003, dated 10.05.2012 for payment of compensation for short lifting of coal for the year 2011 -12 and the Notice for Termination of contract issued by the respondent No. 4 for supply of coal by the respondent No. 3 which was agreed vide agreement dated 18.07.2008 for the reason of short lifting of coal for the year 2011 -12. The petitioner vide this instant writ petition is also challenging the impugned action of the respondent authorities in increasing the price of coal by more than 55% w.e.f. 27.02.2011 putting high economic pressure on the petitioner making the purchase unviable.;


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