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2010 Supreme(SC) 873

A.K.PATNAIK, ALTAMAS KABIR
Sushila Chemicals Pvt. Ltd. – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent


JUDGMENT

A. K. PATNAIK, J. Leave granted.

2. These appeals are against the common judgment and order dated 27.10.2009 passed by the Division Bench of the Patna High Court in L.P.A Nos.1265 and 1266 of 2009.

3. The relevant facts very briefly are that pursuant to public advertisements issued by Coal India Limited (respondent No.2 herein) calling upon entrepreneurs to establish coal based industries on the basis of technology developed by the Central Mines, Planning and Design Institute Ltd., the appellants purchased the technology and established plants for manufacturing special smokeless fuel during 1990-1991. The subsidiary of Coal India Limited, Bharat Coking Coal Limited (for short `BCCL'), the respondent No.1 herein, recommended grant of linkage of 5,000 MT of coal to the plants of the appellants and Coal India Limited granted coal linkage to the appellants and the appellants continued to run their respective plants and manufacture special smokeless fuel by processing the coal supplied by BCCL to them. On 18.10.2007, the Government of India, Ministry of Coal discontinued the traditional linkage system and in its place adopted a new coal distribution policy under which coal was t













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