Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) Petitioner has a claim for refund of the amounts along with interest collected in excess of notified price during the prevalence of e-auction scheme of Coal India Limited which was held to be illegal and constitutionally invalid in view of the judgment rendered by the Apex Court in the case of Ashoka Smokeless Coal India (P) Ltd. v. Union of India reported in (2007) 2 SCC 640. Petitioner has therefore approached this Court for refund of the aforesaid amount along with interest.
(3.) Petitioner has earlier moved this Court in WPC No. 1031/2009 seeking direction for refund of the amounts paid in excess of notified price of the linked quantity of coal between January 2005 to December 2006. By a reasoned order dated 01.02.2014 (Annexure-20), representation of the petitioner has been rejected, stating that claim of refund of the present petitioner is not maintainable as he is not a party before the Apex Court in Transfer Petition (Civil) No. 100/2006 in relation to the question of refund of excess amount along with interest. Petitioner has also sought quashing of the reasoned order dated 01.02.2014 while placing the claim for refund of the excess amount along with interest collected by the respondent BCCL during prevalence of e-auction scheme.;