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2010 Supreme(SC) 875

ALTAMAS KABIR, A.K.PATNAIK
Coal India limited – Appellant
Versus
Alok Fuel (P) ltd. tr. Dir. – Respondent


Advocates Appeared:
For the Appearing Parties:Jaideep Gupta, M.L.Varma , S.B.Upadhyay, Sr. Advocates, Anupam Lal Das, Abhishek Kumar, Gaurav Agrawal, Manish Kumar Saran, Rajendera Krishna, Ratan Kumar Chaudhary, Santosh Mishra, Dhrmendra Kumar Sinha, Advocates.

Judgment :-

A.K. Patnaik, J.

Delay in filing special leave petitions arising out of CC Nos. 5440,5452 and 5459 of 2010 is condened.

2. leave granted.

3. These appeals are against the interim orders dated 06.10.2009 passed by the learned single judge of the high court of Jharkhand in W.P.(C) nos. 2948 of 2009, 3536 of 2009 and 3080 of 2009 and the final order dated 07.01.2010 of the division bench of the Jharkhand high court in L.P.A nos. 484 of 2009, 485 of 2009 and 523 of 2009. Since common issues of fact and law arise for decision in this batch of cases, we are disposing of these appeals by this common judgment.

4. The relevant facts very briefly are that the respondents were granted linkage of different quantities of coal for utilization in the manufacture of quantities of coal for utilization in the manufacture of smokeless fuel in their plants. 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 to be supplied to different consumers through a fuel supply agreement (for short 'FSA) at notified prices to be fixed and declared by coal India limited. In accor
















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