- (1.) Challenging order dated 30.04.2013, whereby the Coal Supply Agreement (FSA) has been terminated and the Security Deposit by way of bank guarantee has been forfeited, the petitioner M/s. Rajhans Coke Industries has filed the present writ petition.
(2.) The brief facts of the case are that, a Coal Supply Agreement was executed between the petitioner and the Central Coalfields Limited on 30.04.2008. In terms of Clause 3.1 of the Agreement, the petitioner deposited Security Deposit of Rs.7,99,000/ by way of three bank guarantees. Subsequently, the ownership of M/s. Rajhans Coke Industries was transferred to M/s. Weldon Vyapar (P) Ltd. and the same was intimated to the respondents vide letter dated 04.12.2008. On an allegation that 9211.62 MT of coal lifted from CCL during the financial years 200910 and 201011 has been diverted, a First Information Report was lodged by the CBI on 19.04.2011 vide RC/06(A)2011R. Vide communication dated 09.05.2011, the coal supply to the petitioner was suspended by the respondent CCL and a showcause notice dated 11.07.2011 was issued. The petitioner duly replied the showcause notice and it moved the High Court for quashing the First Information Report by filing Cr.M.P. No.671 of 2011 and the proceeding in the criminal case has been stayed by this Court. A second showcause notice was issued to the petitioner on 07.09.2011, which was also replied by the petitioner vide letter dated 21.09.2011. However, vide order dated 30.04.2013, the Coal Supply Agreement dated 30.04.2008 was terminated and the Security Deposit has been forfeited and therefore, the petitioner has approached this Court.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;