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1983 Supreme(Cal) 13

B.C.RAY
INDUSTRIAL FUEL MARKETING CO. – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
Anindya Kumar Mitra, B.MAJUMDAR, GOUTAM CHAKRABORTY, M.P.MEHARIA, NARATTAM CHATTERJEE, P.K.Chatterjee, R.C.DEBNATH, RANJIT KR.SANYAL, S.PAL, SAMAR BANERJI, SOMNATH CHATTERJI

B. C. RAY, J.

( 1 ) THE petitioner No. 1, Messrs. Industrial Fuel Marketing Co. , a partnership firm duly registered under the Partnership Act and the petitioners Nos. 2, 3 and 4 who are the partners of the aforesaid firm have assailed in this writ application the institution of the criminal case being Petarbar P. S. Case No. 2 dated 4th April, 1982 on the ground that the said criminal proceeding was wrongly started against the petitioners and also for a mandate restraining the respondents from interfering with the petitioners right to collect sludge or slurry elected, from the coal washeries known as Kathaya Kargaji and Swang washeries belonging to the respondent No. 3, the Central Coalfields Ltd.

( 2 ) THE sallent facts as appear from the petition are as follows, the respondents, Central Coalfields Limited and Coal India Limited are Government Companies, previously, the National Coal Development Corporation Limited (commonly referred to as NCDC) was the Owner of Goal Washeries known as Kathara, Karsali and Swang washeries situate in the District of Giridih in the State of Bihar. The said Coal Washeries have now vested in the respondent No. 3, the Central Coalfields limited. In


















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