SHREE ENTERPRISES COAL SALES PVT. LTD. AND ORS. Vs. COAL INDIA LTD. AND ORS.
LAWS(CAL)-2016-3-83
HIGH COURT OF CALCUTTA
Decided on March 16,2016

Shree Enterprises Coal Sales Pvt. Ltd. And Ors. Appellant
VERSUS
COAL INDIA LTD. And ORS. Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.) The reliefs claimed in this writ petition pertain to the refusal on the part of the respondents -Bharat Coking Coal Limited (for short BCCL) to refund to the writ petitioner No. 1 -company the value of Earnest Money Deposit (for short EMD) against alleged non -lifting of two rakes of coal purchased by the petitioner No. 1 -company under the Spot e -Auction Scheme, 2007 (hereinafter referred to for short as the said Auction or only the e -Auction).
(2.) The facts of this case made out by the petitioner No. 1 -company (hereinafter referred to as only the company or the said company) is that the company is engaged in the business of coal trading and, purchases coal from several coal companies, including BCCL.
(3.) The e -Auction of BCCL was advertised in 2007 and, to participate in the e -Auction the company appointed one, M/s. M. Junction as its Service Provider (for short SP). The company deposited Rs. 39, 00,000/ - towards EMD and was allocated two rakes of coal at the rate of Rs. 1220/ - per mt.;


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