JUDGEMENT
Nishita Mhatre, J. -
(1.) These three appeals have been preferred against the decisions of the learned Single Judge dated 9th December, 2015 and 11th January, 2016 in Writ Petition 27907(W) of 2015. EMTA Coal Limited had filed the writ petition against the West Bengal Power Development Corporation and others. Aggrieved by the order dated 11th January, 2016 the writ petitioners have filed AST 7 of 2016. The West Bengal Power Development Corporation has challenged both the aforesaid orders in separate appeals, namely, AST 10 of 2016 and AST 11 of 2016.
(2.) For the sake of convenience the petitioners and the respondents in the writ petition will be referred to as EMTA and Power Corporation respectively.
(3.) EMTA and the Power Corporation entered into a joint venture agreement on 28th April, 1995 to develop coal blocks which were allocated by the Union of India to the Power Corporation for captive consumption of the Power Corporation. Under the joint venture agreement, a new company was formed for mining operations in Pachhwara (North Coal Mines), known as Bengal EMTA Coal Mines Limited (hereinafter referred to as BECML ) which had stake with EMTA holding 74 per cent shares and the rest owned by the Power Corporation. Similarly, a joint venture agreement was entered into between the Damodar Valley Corporation and EMTA. The new company is known as Damodar Emta Coal Mines Limited (hereinafter referred to as DECML ). This company was floated for the mining operations in Barjora (North Coal Mines).;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.