JUDGMENT :

W.P. (C) 5408/2021, CM APPL.16734/2021 (by the petitioner u/S 151 CPC for ad-interim directions)

1. The petitioner/Indrajit Power Private Limited (“IPPL”, for short) is an incorporated company formed to generate thermal and green power, and has a 80MW coal based thermal plant at Wardha, Maharashtra. It has filed the present petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari quashing the Appropriation Notice dated 17th May, 2021 issued by the respondent No.1 and the invocation of Bank Guarantee (“BG”, for short) for an amount of Rs.4,92,24,960/- against it.

FACTUAL MATRIX

2. IPPL had registered itself with the MSTC Portal for bidding for coal mines in the manner laid down by the Coal Mines (Special) Provisions Ordinance, for allocation of coal mines. IPPL submitted its tender documents and on 13th March, 2015 was declared the successful bidder for Nerad Malegaon Coal Mine. IPPL and the respondent No.1/UOI entered into a Coal Mine Development and Production Agreement (“CMDPA”, for short) on 16th March, 2015. On 30th March, 2015, the Ordinance was replaced by the Coal Mine (Special Provisions) Act, 2015.

3. Under Clause 6 of