B.D.AGARWAL, J. - (1.) The respondent 1 is a registered partnership firm engaged in manufacture of block glass and glass bangles in Firozabad (district Agra). The respondents 2 to 6 are partners of this firm. To run the unit the respondents need steam coal - a controlled commodity which they have to transport by rail from collieries situate in the eastern region of the country. Under the existing scheme, sponsoring is done by the Director of Industries, U.P. (respondent 10) within the specified ceiling limits. This is considered by the Director, Movement (Railways) (the petitioner) in the light of priorities allocated under the Preferential Traffic Schedule formulated by the Central Government in exercise of the powers under Section 27-A Railways Act. The Director, Movement accords sanction whereupon allotment of wagons is done from time to time, depending on the availability of coal and coal wagons.
(2.) In October, 1977, the respondents 1 to 6 instituted Original suit No. 298 of 1977 in the Court of the Civil Judge, Agra, with the allegations, in brief, that for the year 1977 they had been sanctioned 104 wagons of coal. Out of these they received 60 wagons only between January to March, 1977. The coal thus received had been fully utilized. The production suffered due to cessation of supply of coal thereafter. On July 5, 1977, the Director of Industries, U.P. passed an order whereby the allocation of coal wagons to these respondents was suspended. The respondents assessed their minimum requirement as nine coal wagons per month on the basis of their production programme and capacity and contended that officers of the Directorate had satisfied themselves on inspection made; the supplies were being received accordingly from 1974 onwards but of late the respondents were being unduly harassed. Due to lack of regular supply as per Scheduled Programme there were intermittent suspensions in production of commercial goods. The relief claimed by the respondents-plaintiffs in the suit was :- "That as the plaintiffs are entitled to a minimum of 9 wagons of steam coal per month to be supplied to them per month, the defendants, their agents and servants be restrained from in any manner suspending, obstructing, interfering or withholding the supply of 9 wagons for transportation of steam coal from collieries in Eastern India, in favour of the plaintiffs at Firozabad."
(3.) Despite service of process there was no appearance put in for the petitioner or the respondents 7 to 11 arrayed as defendants in the suit. The trial court considered the affidavit of the respondent 2 (a partner in the plaintiff-firm) and other documents and decreed the suit ex parte on 18th May 1979. The operative portion of the judgment reads as follows : - "The suit is decreed. It is hereby declared that the plaintiffs are entitled to a minimum of nine wagons of steam coal per month to be supplied to them per month subject to the plaintiffs' running their factory and satisfying the defendants that they are properly utilising the steam coal supplied to them unless and until their S.S.I. registration and coal quota are cancelled in accordance with law. The defendants are restrained from obstructing or withholding the supply of the aforesaid nine wagons of steam coal per month from collieries in Eastern India in favour of the plaintiffs at Firozabad till the plaintiffs hold a valid S.S.I. registration and utilize the steam coal supplied in their factory according to the terms and conditions of the S.S.I. Registration and coal quota.";