M.Y.EQBAL,J. - (1.) HEARD Mr. A.K. Sinha, learned senior counsel appearing for the petitioners and Mr. M.M. Banerjee, learned counsel for the respondents on the modification application dated 21.12.99 filed by the respondents for modification/clarification of the judgment and order dated 28,11.97 passed in the instant writ petition.
(2.) FIRSTLY , 1 will refer some of the important facts which are relevant for the purpose of disposal of the modification application. Petitioners in the instant writ application had prayed for issuance of appropriate writ directing the respondents to release full quota of coal as agreed by the respondent -Coal Companies for the purpose of establishment of Special Smokeless Fuel Plant of the petitioner. Petitioners case in the writ application was that consequent upon a decision taken by the Coal Ministry, Govt. of India to make available coal to the private interprenure for production of Special Smokeless Fuel Technology, which was developed by Central Mines Planning and Design Institute (in short CMPDI), the CMPDI offered their consultancy services for the establishment of the said industry including supply of technical know how. This decision was taken by the Coal Ministry, Govt. of India duly approved by the Coal India Ltd. Petitioners further case was that an advertisement was made inviting persons interested in the establishment of the Special Smokeless Fuel Plant for the purpose of manufacturing domestic coal to be supplied to the consumers. Pursuant to the advertisement published in the newspaper. Persons who were interested had to approach the CMPDI for project report and to enter into an agreement far the purpose of supply of technical know -how. Each petitioners said to have deposited Rs. 25,000/ - for getting project report prepared in their respective names and further a sum of Rs. 42,700/ - was deposited to get technical know -how. According to the petitioners project cost comes to about Rs. One Crore and the only material to be used in the said plant is coal. As per the capacity of the plant, the petitioners were to get 5000 Metric Tonnes coal as fixed by the coal company. Petitioners further case was that they were duly registered under the Industry Department and for the purpose of establishment of big plant, the petitioners applied before the Bihar State Credit and Investment Corporation Limited for the loan and they were granted loan of Rs. 54 -50 lakhs. Petitioners also took Rs. 45 lakhs by way of working capital from different Nationalised Bank. The plants of the petitioners being heat intensive in nature required to be kept in operation in all the 365 days of the year and as such, sufficient man power was provided for running the plant. The grievance of the petitioners in the writ petition was that despite minimum requirement of 5000 MT of coal, respondents were not releasing full quota of coal to the petitioners although they received the price of the coal in advance. The writ petition was allowed by this Court in terms of judgment dated 28.11.1997. The operative portion of the judgment reads as under: "In view of the specific stand taken by the Respondents that they have been releasing full quantity of coal to the petitioners every month, I do not want to go into the question whether in past the respondents have failed or neglected to supply the agreed quantity of coal. In order to resolve the dispute for future transactions, in my opinion, the following directions will meet the ends of justice for both the parties and would be more fair and reasonable: - - (i) The respondents shall henceforth issue release order and despatch the fixed quantity (5000 MT) of monthly quota of coal, i.e. graded washery -III/IV or equal grade of coal within 45 days from the date of deposit of value coal and before the deposit of the amount for the subsequent month. (ii) Coal shall be released and despatched by the respondents to the petitioners from the collieries mentioned in Annexure 14, other than Parej East and Keribanda, so that the petitioners may not be put to extra burden of service charges and transportation charges. In case of difficulty the respondents may allot coal from any of the collieries mentioned in paragraph -6 of the reply to the counter affidavit before selling the same in open market. The petitioners shall get preference in the delivery of coal from such collieries and the respondents shall prefer to release the coal from the collieries which are nearer to the petitioners -establishment. (iii) Since the petitioners have been depositing the price of coal every month after getting finance from Bank the respondents shall release and/or despatch coal within the agreed period of 45 days, failing which the amount lying with the respondents shall carry interest at the same rate which the petitioners pay to the concerned bank. In the result, this writ application is allowed and Annexure 14 so far it relates to allotment of coal from Parej East and Keribanda is quashed. The respondents are directed to release the coal in terms of directions given above.
(3.) RESPONDENTS , aggrieved by the aforesaid judgment preferred Letters Patent Appeal being L.P.A. No. 618/97(R) which was dismissed by a Division Bench of this Court.;