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2021 Supreme(Jhk) 312

RAJESH SHANKAR
Gautam Coal Works Private Limited – Appellant
Versus
Central Coalfields Ltd. , a Government of India undertaking through its Chairman-cum-Managing Director – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajendra Krishna, Advocate Mr. Mukesh Kumar Sinha, Advocate
For the Respondents:Mr. Anoop Kumar Mehta, Advocate

1. The present writ petition is taken up today through Video conferencing.

2. The present writ petition has been filed for quashing the order as contained in Reference No.CCL/HQ/C-4/2019/6171 dated 07th November, 2019 issued under the signature of General Manager (M&S), Central Coalfields Limited (in short ‘CCL’), Darbhanga House, Ranchi-the respondent no.3, whereby the said respondent has rejected the request of the petitioner for resumption of supply of coal and has terminated the Fuel Supply Agreement (FSA) by invoking Clause 4.4 and 15.1.5 of FSA and has further forfeited the security deposit by invoking Clause 3.6 of the FSA. Further prayer has been made for commanding upon the respondents to allow the petitioner to participate in e-auction process and to resume supply of coal in terms of the prevalent policy.

3. The factual background of the case as stated in the present writ petition is that the petitioner is primarily engaged in the business of manufacture of ‘Special Smokeless Fuel’ and a FSA was entered between the CCL, Ranchi and the petitioner under the new Coal Dis

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