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2014 Supreme(Bom) 1162

B.R.GAVAI, S.B.SHUKRE
Murli Industries Limited Company – Appellant
Versus
Western Coalfields Limited – Respondent


Advocates Appeared:
Shri M. G. Bhangde, Senior Advocate with Shri R. M. Bhangde, Advocate for the petitioners.
Shri Anil Kumar, Advocate for respondents No. 1 and 2.

ORAL JUDGMENT

(Per S. B. Shukre, J.)

1. Rule, made returnable forthwith. Heard finally by consent.

2. Both these petitions are being disposed of by common judgment as they involve same parties, identical facts and common questions of law.

3. Petitioner No.1 is a company duly registered under the Companies Act, 1956 and petitioner No.2 is its Chairman-cum-Managing Director and share holder. Respondent No.3 is government of India undertaking under the Ministry of Coal and respondent No.1 also a Government of India undertaking, is a subsidiary of respondent No.3. Respondent No.2 is Officer of respondent No.1, whose communications dated 27/11/2013 and 23/12/2013 have been impugned in these petitions. Respondents No. 1 and 3 being a State within the meaning of Article 12 of the Constitution of India and respondent No.2 being an officer of respondent No.1, are amenable to writ jurisdiction of this court.

4. Petitioner No.1company manufactures cement, paper and allied products for the purpose of which it has set up cement and paper plants together with ancillary plants necessary for running of these plants. For manufacturing of cement, a kiln is necessary and it runs on coal as well as power.



































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