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2009 Supreme(Online)(Chh) 54

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Lanco Amarkantak Power Private Ltd.(M/s.) v. South Eastern Coalfields Ltd. and Others


Advocates:
For the Appellants/Petitioners: Shanti Bhushan
For the Respondents: Vivek Tankha

Table of Content
1. facts surrounding the establishment of the coal supply agreement. (Para 1 , 2)
2. arguments presented regarding the justification for termination. (Para 3 , 4)
3. court's observations on the interaction of public law with contractual disputes. (Para 5 , 6 , 9 , 12 , 16)
4. court's reasoning for dismissing the writ petition. (Para 10 , 11)
5. final ruling and direction towards arbitration. (Para 22 , 23)

1. The petitioner is a company registered under the Companies Act, 1956. It proposed to establish a coal based power plant of 1200 MW capacity, in phases, near Korba in Chhattisgarh. Since in a coal based power plant, requirement of coal is a must, therefore, the petitioner approached the South Eastern Coal Fields Ltd. (for short 'SECL'), which is a subsidiary of Coal India Limited, and finally the petitioner and the SECL entered into a coal supply agreement dated 31-12-2005. The petitioner pleaded that as per condition given in clause 2.4 of the agreement it achieved financial closure for the first 300 MW Unit on 20-9-2005 and the same was informed to the respondents / SECL vide letter dated 4-2-2006. In further compliance of the conditions of the agreement, the petit






















































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