M.Y.EQBAL, J. - (1.) I have heard learned Counsels appearing for the parties on the Interlocutory Applications being I. A. Nos. 1220 and 2065 of 2005.
(2.) IN these writ petitions, petitioners who are the linked consumers, have challenged the Scheme as well as the notice issued by the respondents -BCCL for the sale of coal to non -core sector/consumers through a system known as "E -Auction" on the ground that the said scheme is contrary to the provisions of Colliery Control Order, 2000 and further for an order directing the respondents to release linked quantity of coal to the petitioners ' unit on the scheduled price of coal as approved by the Coal India Limited. The writ petition being W.P. (C) No. 1630 of 2005 was heard on 8.4.2005 at the admission stage and while allowing time to the counsel appearing for the respondents for filing counter -affidavit this Court passed interim order in the light of the interim order passed by the Hon ble Supreme Court and different High Courts. The order dated 8.4.2005 reads as under : Petitioners have prayed for quashing the scheme framed by the respondents for sale of coal to non -core sector (consumers) through the system known as reacution. Petitioners are Small Scale Industries and were granted coal linkage after making complete assessment of the Units about the requirements of coal/raw materials for the purpose of doing its manufacturing activities. I have heard Mr. R. Krishna, learned Counsel for the petitioners and Mr. A.K. Mehta, learned Counsel for the respondents. Learned Counsel produced before me the orders passed by the Supreme Court and different High Court in similar matters. As prayed by Mr. Mehta, put up this case after six weeks to enable the respondents to file counter affidavit. In the meantime, petitioners shall be entitled to purchase coal as per their linkage subject to the conditions that they shall file indemnity bond giving undertaking to pay difference of amount in the value of coal if they fail to substantiate the claim before this Court.
(3.) IN LA. No. 1220 of 2005, respondent -BCCL has prayed for modification of the aforesaid order dated 8.4.2005 by directing the petitioners to deposit the difference of amount in cash instead of furnishing indemnity bonds on the price notified in terms of the Government order.;