M.Y.EQBAL, J. - (1.) HEARD Mr. R. Krishna, Mr. Ajit Kumar and Mr. Mukesh Kumar, Learned Counsels appearing on behalf of the petitioners and Mr. Anoop Kumar Mehta appearing on behalf of the respondents on the interlocutory application filed by the petitioners for modification of the order dated 13.9.2005 in the light of the interim order passed by Supreme Court in Special Leave Petition No. 20471/2005 in which the order dated 13.9.2005 passed by this Court in these writ petitions, has been challenged.
(2.) IN all these writ petitions the petitioners have challenged the scheme framed by the respondent - BCCL for sale of coal to non -core sector/consumers through a system known as 'E -Auction. ' On 8.4.2005 this Court passed the following order : Petitioners have prayed for quashing the scheme framed by the respondents for sale of coal to non -core sector [consumer] through the system known as E -Auction. 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. Mehta, learned Counsel for the respondents. Learned Counsel produced before me the orders passed by the Supreme Court and different High Courts in similar matters. As prayed for 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 under taking to pay difference of amount in the value of coal if they bail to substantiate the claim before this Court. The respondents -BCCL, thereafter, filed an interlocutory application for modification of the aforesaid order dated 8.4.2005 by directing the petitioners to deposit the difference of amount in cash in stead of furnishing indemnity bond on the basis of price notified in terms of the Government order dated 8th April, 2005. The said interlocutory application was heard at length and this Court by order dated 13.9.2005, modified the earlier order dated 8.4.2005 to the extent that the petitioners shall be entitled to purchase coal as per linkage subject to the condition that they shall furnish bank guarantee of the difference of amount in the value of coal.
(3.) THE petitioners challenged the order dated 13.9.2005, before the Supreme Court by filing different special leave petitions. In one of the SLPs i.e. SLP No. 20471/ 2005 the Supreme Court pending hearing of the matter, passed interim order directing the petitioners, apart from furnishing indemnity bonds, to file an undertaking to refund the difference of amount in case the writ petitions fail.;