ALOK FUELS (P) LTD Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) On 15.7.2009, after hearing both sides, the following order was passed:

(2.) A counter affidavit has been filed by the respondents on 26.8.2009 which does not disclose any other or further material, apart from the F.I.R., which could form the basis of the suspension of the supply of coal.

(3.) While it is true that this is not an F.I.R. lodged by a private individual but an F.I.R. lodged by a comparatively responsible institution like the C.B.I., but the fact remains that before suspending the supply of coal, the respondent Nos.2 and 3 should have been in possession of some cogent and credible material or should have conducted some preliminary enquiry, instead of blindly going by the ex-parte allegations in the F.I.R. for taking the drastic decision of suspension of supply of coal.