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2024 Supreme(SC) 153

B. R. GAVAI, SANDEEP MEHTA
Domco Smokeless Fuels Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shekhar Naphade,Sr.Adv. Mr. Manish Kumar Saran, AOR Ms. Ananya Tyagi,Adv. Mr. Satya Prakash Sharan,Adv. Ms. Aishwarya Dash,Adv. Mr. Farah Hashmi,Adv. Mr. Prashant Pratap,Adv. Mr. Anoop Raj,Adv.
For the Respondent(s): Mr. S.B. Upadhyay,Sr.Adv. Mr. Neeraj Kumar Gupta, AOR Mr. Shivang Srivastava,Adv. Mr. Rahul Kumar Verma, Adv. Mr. Ranjeet Kumar Singh, Adv. Mr. Abhishek,Adv.

JUDGMENT :

SANDEEP MEHTA, J.

1. Leave granted.

2. The appellant has approached this Court seeking to assail the order dated 17th March, 2016 passed by the learned Single Judge of the High Court of Jharkhand whereby the contempt application preferred by the appellant alleging non-compliance of order dated 22nd September, 2008 passed by the learned Single Judge of the High Court in Writ Petition (Civil) No. 3040 of 2005 was dismissed.

3. The appellant claims to have paid a higher price than the notified price in an e-auction conducted by the respondent, towards lifting of consignments of coal. After the coal had been lifted, the appellant and other similarly placed companies sought refund of the price paid by them over and above the notified price.

4. However, the prayer for refund was not acceded to, upon which the appellant instituted Writ Petition (Civil) No. 3040 of 2005 before the Jharkhand High Court claiming refund of excess price paid by it over and above the notified price towards e-auction of lifting of consignments of coal by the respondent Company.

5. Likewise, numerous other similarly situated aggrieved coal consumers filed writ petitions before different High Courts across th

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