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KRISHNA RAO
Rashmi Cement Limited – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Krishna Rao, J. - The respondent nos. 4 and 5, namely, Eastern Coalfields Limited and the General Manager (Sales and Marketing), Eastern Coalfields Limited have filed the instant application for recalling of the Order dt. 24.02.2022 passed by this Court in WPA No. 9647 of 2013 on the ground that the Order dt. 24.02.2022 was passed without giving an opportunity of hearing to the respondents herein as the writ petitioner has not served any notice to the respondents herein before hearing of the instant writ application.
2. Counsel for the writ petitioner had admitted the fact that no notice was served upon the respondent nos. 4 and 5 and as such the Order dt. 24.02.2022 passed in WPA 9647 of 2013 is recalled.
CAN 3 of 2022 is allowed.
3. After recalling the Order dt. 24.02.2022, the writ petition is taken up for hearing.
4. The petitioners have filed the instant writ application praying for a direction for refund of the amount of Rs. 1,34,46,000/- forfeited by the respondent no. 4 on 20.07.2010. The petitioners further prayed for a direction upon the respondent for execution of Fuel Supply Agreement in respect of 6th, 7th & 8th Kilns of Unit-III of the petitioner's plant without i
Approval by the Ministry of Coal for modification and change in coal distribution policy influenced the court's decision to direct the return of the bank guarantee amount to the petitioner.
Retrospective termination of Fuel Supply Agreements is lawful under the Indian Contract Act, provided it follows the terms of the agreement, and contractual disputes are generally not suitable for wr....
The respondent-CCL must satisfy itself regarding the authenticity of the end use of coal by calling for/inspecting the documents and by physical verification as per Clause 4.4 of the FSA. The princip....
The main legal point established in the judgment is that physical verification of the factory premises is not mandatory under Clause 4.4 of the FSA to conclude whether the coal is being diverted.
The demand for compensation for short lifting of coal was impermissible as no loss was incurred by the respondent. The court restrained the respondent from encashing the bank guarantee, as it would r....
Parties must comply with court orders regarding coal supply agreements, with confirmed entitlements based on established judicial mandates rather than disputed interpretations.
Proper adherence to termination clauses in contracts is essential; refusal to act on notices can validate claim for refunds.
The main legal point established in the judgment is that the appellant did not have an accrued right to lift coal under the Scheme as it did not exercise the option to avail the benefit during the pe....
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