M.KARPAGA VINAYAGAM, J. - (1.) M /s. Payal Chemicals, petitioner herein, has filed this contempt application for non -compliance of the order dated 13.6.2003 passed in W.p.(C), No. 1966 of 2002. The petitioner was granted permanent registration to establish its unit by the State Government of UP. By virtue of the same, it has been receiving supply of coal from Coal India Limited. Suddenly supply of coal to its unit was suspended. Therefore, the petitioner filed writ petition, being W.P (C) No. 1966/2002, for necessary direction. Ultimately learned Single Judge by the order dated 13.6.2003 directed for restoration of coal supply. Even then the order has not been complied. Hence this contempt application.
(2.) ACCORDING to the learned Senior Counsel appearing for the petitioner, the order dated 13.6.2003 has not been complied with in spite of the positive direction being given by the learned Single Judge. On the other hand, it is contended by the learned Counsel for the respondents that after passing of the order dated 13.6.2003. the respondents filed review application before the learned Single Judge for making correction over some factual aspects and that since the same is pending, the contempt application is not maintainable. When the matter came up on 21.6.2007, this Court passed an order directing the respondents to dispose of the representation as it was admitted that the same was received by the respondents. Accordingly, the respondents disposed of the representation sent by the petitioner by a reason order dated 2.7.2007. On the basis of the said order dated 2.7.2007, learned Counsel for the respondents contended that the order passed by this Court on 13.6.2003 has been complied with by passing a reasoned order dated 2.7.2007 and as such, contempt proceedings may be dropped. On the other hand, it is contended by the learned Senior Counsel for the petitioner that the order dated 2.7.2007 does not show compliance of the order passed by this Court on 13,6.003.
(3.) I have considered the contentions of the respective parties and gone through the impugned orders.;