SMOKELESS FUELS (INDIA) PVT.LTD Vs. COAL INDIA LTD
LAWS(JHAR)-2009-8-123
HIGH COURT OF JHARKHAND
Decided on August 21,2009

Smokeless Fuels (India) Pvt.Ltd. Appellant
VERSUS
COAL INDIA LTD. Respondents

JUDGEMENT

NARENDRA NATH TIWARI, J. - (1.) THE petitioner is a manufacturing unit of smokeless fuels at Rukani, Mahuda, District Purulia (West Bengal). It was granted coal linkage of 2153 MT of coal. By letter dated 30th November, 2004, the respondents issued notice for submission of detailed information (19 point) and documents for verifying the genuineness and working status of the unit.
(2.) THE petitioner submitted its reply. The Committee scrutinized the petitioner's reply, but by the impugned letter, the Committee held that the units were not found established. By letter dated 2nd May, 2007 (Annexure -13), the second verification report was submitted. The petitioner's units has been found to be established. In spite of the same, the petitioner has been denied the benefits of coal linkage. The respondents have contested the writ petition and stated, infer alio, that although the name at the Petitioner No. 1 is M/s. Gwalior Smokeless Fuels (P) Ltd., its name has been altered as M/s. Alok Fuels (P) Ltd. with effect from 31st May, 1999. Coal was, however, purchased in the name of M/s. Gwalior Smokeless Fuels (P) Ltd. There is great disparity between the unit claiming linkage and the name of the company registered by the Registrar of Companies. The petitioner's miserably failed to submit sales stocks, details regarding raw materials, power bill and diesel consumed. Thus, working stalus of the unit could not be established. For the said reason, the coal supply to the petitioners' units has been denied.
(3.) IT has been further stated that in earlier writ petition stand was taken by the petitioner that in compliance of the notice dated 13rd June, 2007, they shall hand over all the 13 required documents to the counsel for the respondents. The respondents had assured to examine the documents and take appropriate decision.;


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