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2025 Supreme(Cal) 126

PARTHA SARATHI SEN
DPSC Ltd – Appellant
Versus
E. C. L – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anirban Ray, Sr. Adv., Mr. Kaushik Chowdhury, Adv. Mr. Bratin Kumar Dey, Adv., Ms. Shreya Saria, Adv.
For the Respondent: Mr. Tilak Kumar Bose, Adv., Ms. Akansha Mukherjee, Adv., Mr. Pradipta Bose, Adv.

JUDGMENT :

Partha Sarathi Sen, J.

1. In this writ petition the writ petitioners have prayed for issuance of an appropriate writ or writs for cancellation and/or revoking and/or rescinding the order dated 19.12.2011 as passed in GR Case no.DPSC-1 K of 2011 by the Ombudsman, West Bengal.

2. For effective adjudication of the instant lis the facts leading to filing of the instant writ petition are required to be discussed in a nut shell.

    i. On 31.03.1993 a deed of lease was executed by and between the respondent no.1 (lessor) and the writ petitioner no.1 (DPSC) whereby and whereunder thermal power station of the respondent no.1 at Chinakuri Mining Complex was leased out to the writ petitioner no.1 for a term of 20 years commencing from 01.04.1991 for generation of electricity. Subsequently a Memorandum of Understanding (‘MOU’ in short) was also executed on 04.10.2010 by and between the writ petitioner and the respondent no.1 regarding supply of coal by the respondent no.1 to the writ petitioner no.1 for the aforementioned power station at Chinakuri Mining Complex.

    ii. Post execution of the said MOU a dispute arose between the writ petitioner no.1 and the respondent no.1 with regard to the t

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