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RAMESH SINHA, RAJANI DUBEY
Maa Shakambari Steel Ltd. – Appellant
Versus
South Eastern Coalfield Ltd. – Respondent
ORDER :
1. Challenge in this petition is to the legality, validity and propriety of the order dated 16.06.2021 (Annexure P/1) passed by the respondent No. 2 by which the existing Coal/Fuel Supply Agreement (for short the ‘FSA’) has been terminated with a direction to appropriate the respective performance security and disqualifying the petitioner from participating in subsequent trenches of NRS Linkage Auction conducted by the Coal India Limited (for short ‘CIL’) in perpetuity.
2. The facts, as projected by the petitioner is that the petitioner is registered company engaged in manufacture of sponge iron and MS ingots and is a MSME unit having its plant at village Sambalpuri, Hamairpur Road, Raigarh, Chhattisgarh, and it is in relation to the said end use plant, that the petitioner is in constant need of assured periodic supply of coal in order to run, manage and operate its unit. The petitioner is completely dependent upon Coal India Ltd. and its subsidiary coal companies (SCCL) in providing coal to its plant. Under the scheme of auction for providing coal linkage to a manufacturer, the latter has to register itself with the service provider identified by CIL/SCCL under the Scheme Do
The maximum period of banning/suspension for participation in tenders under the Coal Linkage Auction Scheme 2022 is 5 years, and in cases where the reason for suspension is not completely mitigated d....
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 impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
The judgment emphasizes the importance of fair play, natural justice, non-discrimination, equality, reasonableness, and proportionality in the process of blacklisting, and the need for a valid, parti....
The main legal point established in the judgment is the requirement for a clear mention of the proposed blacklisting action in the show cause notice, as well as the need to adhere to principles of na....
The main legal point established in the judgment is that the validity of the Udyam Registration Certificate is crucial for a firm's eligibility to avail benefits as a Small Enterprise under the MSME ....
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