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2019 Supreme(Chh) 181

PRASHANT KUMAR MISHRA, VIMLA SINGH KAPOOR
PRAKASH INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 – Appellant
Versus
SOUTH EASTERN COALFIELDS LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 – Respondent


Advocates:
Advocate Appeared:
Chetan Sharma, Alok Singh, Ruchi Nagar, B. Gopa Kumar, Vaibhav P Shukla, Vaibhav Shukla, Adv.

JUDGMENT :

Prashant Kumar Mishra, J.

The petitioner, who is engaged in diverse business activities including the manufacturing of Sponge Iron, has filed these two writ petitions. In WPC No.1657/2016, the petitioner has sought quashment of the communication dated 03.05.2014 of the respondent/SECL offering supply of coal to the petitioner at the current price under the tapering linkage as per the tapering policy. The petitioner would further pray for a direction to the respondent to renew the Fuel Supply Agreements (FSAs) with the petitioner as per the normal linkage policy with further prayer to resume coal supply on the basis of normal linkage in compliance with the reasoned order dated 24.03.2011 passed by the Director (Marketing), Coal India Limited (CIL) under the orders of the High Court of Calcutta.

2. In the second writ petition i.e. WPC No.254/2018, the petitioner has sought quashment of the Final Order dated 31.07.2017 of the Ministry of Coal, Government of India together with other reliefs which are the same as prayed in the first writ petition.

3. Facts of the case, as


























































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