Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) THE operative part of the interim order dated 27th February, 2013, passed in WPC No. 8076/2012 in respect of which the present contempt petition has been filed, reads as under: ...In that view of the matter, the respondents -C.C.L. shall continue to make supplies of Fuel as per the Fuel Supply Agreements to the petitioner's Units in the meantime as per the terms and conditions made therein. In the meantime, Government of India, Ministry of Coal, which is also a party, shall file their response to the writ petition and also inform this Court about their decision in respect of the application of the tapering policy to the case of the petitioner in view of the fact that the Coal Block has not been granted. List This case after four weeks. Respondent -C.C.L. may also file their detail affidavit in the meantime. At the relevant point of time, when the interim order was passed in the said writ petition two Fuel Supply Agreements between the respondent -Central Coalfields Ltd. and the petitioner dated 26th April, 2008 and 19th February, 2009 in respect of their captive power plant and sponge iron plant, were subsisting. The F.S.A. dated 26th April, 2008 came to an end on 25th April, 2013. The second agreement relating to sponge iron plant dated 19th February, 2009 is said to have come to an end on 18th February, 2014. The opposite parties resumed coal supplies under the existing agreement for the Sponge Iron Plant horn August, 2013 after they failed in their challenge to the interim order before the learned Division Bench of this Court in L.P.A. No. 107 of 2013, which was dismissed on 30th July, 2013. Incidentally, the Special Leave to Appeal preferred by the opposite parties -Central Coal Field Ltd. also was dismissed on 1st November, 2013.
(3.) IN the aforesaid circumstances, the opposite parties were asked to file their show cause and lastly by the order dated 21st February, 2014, the opposite parties were directed to file an affidavit showing the programme of supply of coal to the petitioner -company after the said supply was resumed till date and for future supply to be made, to the Railways -Authorities. In between on the directions made in the Special Leave Petition, the opposite parties also unsuccessfully sought a modification of the interim order before the learned Single Judge, which was once again refused on 17th December, 2013. The opposite parties went in appeal before Hon'ble Supreme Court against the said rejection of their modification application, which was also rejected vide order dated 11th February, 2014.;