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2019 Supreme(Del) 1690

G.S.SISTANI, JYOTI SINGH
Coal India Limited – Appellant
Versus
Vidarbha Industries Power Limited – Respondent


Advocates Appeared:
For the Appellant :Jagdeep Dhankar, Sr. Advocate, Karan Singh Bhati, Hemedra Sharma, Kartikeya Vajpai, Advocates, Maninder Acharya, ASG, Kirtiman Singh, CGSC, Waize Ali Noor, Sahil Sood, Shruti Dutt, Harshul Chaudhary, Pradeep Dhanda, Viplav Acharya, Advocates.
For the Respondent:Akhil Sibal, Sr. Advocate, Aanchal Mullick, Pradeep Chhindra, Parinay Vasandani, Advocates.

JUDGMENT :

Jyoti Singh, J.

1. Since both these appeals have been filed challenging the orders dated 31.01.2018, 21.02.2018 and 07.03.2018, and have similar grounds they are being disposed of by a common order. LPA No. 173/2018 has been filed by the Union of India and LPA No. 169/2018 has been filed by Coal India Limited assailing the three orders mentioned above. For the sake of convenience, Union of India is hereinafter being referred to as appellant No. 1 and Coal India Limited as appellant No. 2.

2. The brief and necessary facts relevant for adjudication of the present appeals, as culled out from the pleadings of the parties on record, are as under:-

a. An application was originally made for Coal Linkage by Reliance Mineral Resources Ltd. (hereinafter referred to as ‘RMRL’) to the Ministry of Coal on 05.05.2006 stating therein that Reliance Energy Limited (hereinafter referred to as ‘REL’) was selected as implementing agency for setting up 130MW coal-based Group Captive Power Plant (hereinafter referred to as GCPP) at Butibori Nagpur, through International competitive bidding. A request was made for long-term coal linkage with preferred source of coal as Western Coalfields Limited (

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