2026:CGHC:12085-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1913 of 2020 API Ispat And Powertech (P) Ltd. Through Its Authorized Representative, Having Office At Vrindavan, Near Idbi Bank, Civil Lines, Raipur (Chhattisgarh) 492001 ... Petitioner(s)

versus

1. South Eastern Coalfields Limited Through Its Chairman/managing Director, Seepat Road, Bilaspur, Chhattisgarh-495006

2. General Manager (Sales And Marketing) South Eastern Coalfields Ltd., Seepat Road, Bilaspur, Chhattisgarh- 495006

3. Quality Council Of India 2nd Floor, Institution Of Engineers Building, Bahadur Shah Zagar Marg, New Delhi-110002

4. South Eastern Central Railway Through Its General Manager Officer of General Manager, Bilaspur, Chhattisgarh 495004 ...Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Ashish Mittal, Advocate.

For Respondents No. 1 & 2 : Mr. Vaibhav Shukla, Advocate.

For Respondent No. 3 : Mr. Devershi Thakur, Advocate.

For Respondent No. 4 : Ms. Annapurna Tiwari, Central Government Counsel.

Digitally signed by BRIJMOHAN

BRIJMOHAN MORLE

MORLE Date:

2026.03.13

+0530

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

13.03.2026

1. Heard Mr. Ashish Mittal, learned counsel for the petitioner. Also heard Mr. Vaibhav Shukla, learned counsel, appearing for respondents No. 1 & 2, Mr. Devershi Thakur, learned counsel, appearing for respondent No. 3 and Ms. Annapurna Tiwari, learned Central Government counsel, appearing for respondent No. 4.

2. The present petition has been filed by the petitioner with the following prayers:

“(a) In the nature of a Writ of Mandamus directing the respondent No. 1 and 2 to supply coal of contracted grade in accordance with the terms and conditions of the Fuel Supply Agreements and in the event they are not able to supply the contracted quality of coal as per the FSA then the petitioner should be permitted to foreclose the FSA without any liability for the same as the respondent No. 1, has already done vide its letter dated 20.02.2020 for the Kumda Mines; and/or (b) In the nature of a writ of mandamus or any other appropriate writ directing the respondent No. 1 and 2 to refrain from enforcing clause 5.5 of the Fuel Supply Agreements as any shortfall in lifting of coal is due to their failure to supply the contracted Grade of coal;

and/or (c) In the nature of a writ of mandamus or any other appropriate writ directing the respondent No. 1 and 2 to reconcile with the petitioner, the quantity of inferior quality of coal supplied to the petitioner and to refund/adjust the same to the petitioner; and/or (d) Any other appropriate writ(s), order(s) or direction(s) as may be deemed fit and proper in the facts and circumstances of this case.”

3. Learned counsel appearing for respondents No. 1 and 2, on instructions, submits that the agreement in question stood terminated at the instance of the petitioner and that the bank guarantee furnished by the petitioner shall be refunded/returned within a period of three weeks from today.

4. Learned counsel for the petitioner submits that the petitioner has no objection to the aforesaid submission and prays for disposal of the present petition in terms thereof.

5. The statement made by learned counsel appearing for respondents No. 1 and 2 is taken on record and accepted. Respondents No. 1 and 2 are directed to refund/return the bank guarantee furnished by the petitioner within a period of three weeks from today.

6. In view of the aforesaid submissions and directions, nothing further survives for consideration in the present petition. Accordingly, the present petition stands disposed off Sd/- Sd/-

(Ravindra Kumar Agrawal) (Ramesh Sinha)

Judge Chief Justice

Brijmohan