- (1.) PETITIONER No. 1 is an industry engaged in the manufacture of coal briquettes, the main raw material of which is coal. The Petitioners are under an agreement with M/s Bharat Cooking Coal Limited, which is a subsidiary of Coal India Limited, for supply of coal.
(2.) ALTHOUGH this case has a chequered history but we are giving hereunder only such facts which are relevant for the decision of this case. On 1.7.2010 the Chief General Manager of M/s Bharat Cooking Coal Limited suspended the supply of coal to the Petitioners and by the same order gave notice to submit their reply within 30 days. The operative portion of the order dated 1.7.2010 is quoted below: From the records available in this office, it transpires that you have submitted certain documents in support of end use of coal which does not establish the working status of your unit. In spite of sufficient opportunities being given to you to prove the end use of coal, which was lifted by you from BCCL under Fuel Supply Agreement you failed to prove the same. As you have failed in providing/submitting the relevant documents as asked for by the seller as per Clause 4 -4 of FSA, the supply of coal is hereby kept in abeyance till further orders. This may be treated as Notice also as per Clause 4.4 of FSA. If within 30 days from the date of issue of this letter, no satisfactory reply is received from your end, BCCL may proceed for termination of FSA as per Clause 15 of FSA.
(3.) CHALLENGING the said order the Petitioner filed Civil Misc. Writ Petition No. 42229 of 2010 in which an interim order was passed on 26.7.2010 to the following effect: Till then the operation of the order dated 1.7.2010 contained in Annexures 1 and 1A to the writ petition shall remain stayed.;