- (1.) All these appeals have been filed against the interim orders passed by the learned Single Judge, which are common in nature, by which the learned Single Judge had been pleased to pass an order of stay against the order passed by the appellant-BCCL suspending the supply of coal to the respondents herein and it was categorically directed that the appellant-BCCL are directed to resume the supply of coal to the petitioner-respondent herein forthwith.
(2.) This order was passed as the learned Single Judge had been pleased to record that no material had been furnished before the Court by which the appellant-BCCL could establish even remotely by furnishing at least prima facie material that any kind of black-marketing or mis-utilization of the allocated coal was made by the petitioner-respondent. Besides this, the learned Single Judge has already left liberty to the appellant-BCCL to procure and file corroborative material after two months of the date of the order which is 6.10.2009 with regard to any of the allegations which have been levelled against the petitioners in the FIR in regard to mis-utilization of the coal which was supplied to them by the respondent-BCCL.
(3.) The sum and substance of the allegation levelled in the FIR , which has been registered against the petitioners-respondents, indicate that the respondents have been alleged mis-utilization of coal and are alleged to have been diverting its use for purposes other than the purpose for which it was supplied.;