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1979 Supreme(Guj) 176

N.H.BHATT
SAURASHTRA CEMENT and CHEMICAL INDUSTRIES LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: B.K.THAKORE, MANGALDAS M.SHAH, SUDHIR NANAVATI

N. H. BHATT, J.

( 1 ) ). This is a petition by a company styled as M/s. Saurashtra Cement and Chemical Industries Ltd; against the Union of India in the Ministry of Railways the Joint Director Traffic (Transportation) Railway Board the General Manager and the Chief Commercial Superintendent (Claims) of the Western Railways as the four respondents. The petition is under Article 226 of the Constitution of India and seeks a direction restraining the respondents from diverting the coal which the petitionercompany from time to time has taken from the collieries and which is sent to the petitioner through the respondent-railway being public carriers A further direction is sought to the effect that the respondents be directed to redivert and deliver to the petitioner-company the coal which was already deverted by the respondents in favour of other parties as set out in Annexure E.

( 2 ) A few facts require to be stated. The petitioner-company is engaged in the manufacture of cement and for that purpose has its Factory at Ranavav in the State of Gujarat. To carry out its objectives the petitioner-company is required to consume coal which is purchased from collieries with which the petitione





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