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2005 Supreme(SC) 1596

S.B.SINHA, R.V.RAVEENDRAN
Ashoka Smokeless Coal Industries Pvt. LTD. – Appellant
Versus
Union of India – Respondent


Order

1. These petitions for special leave to appeal are filed by Industrial Undertakings which have coal linkage with Coal India Limited and its subsidiaries. The Coal India Ltd. and its subsidiaries introduced a new scheme for sale of coal through E-auction. This meant that the industrial concerns which had linkage with Coal India Ltd. and its subsidiaries for the supply of coal to them had to pay more for the coal compared to what they were paying earlier or what was known as the notified price. This led to the various Undertakings approaching different High Courts challenging the E-auction scheme and seeking interim protection of their right to get coal at notified prices on the basis of the linkage with Coal India Ltd. and its subsidiaries. The various High Courts entertained the writ petitions and passed interim orders in regard to supply of coal at the price payable, pending the disposal of writ petitions filed by the concerned Undertakings. Some of the High Courts directed the linked Undertakings to furnish bank guarantees for the difference in prices or to pay cash or to furnish security for the difference while seeking supply of coal, based on linkage. Being aggrieved by t













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