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2011 Supreme(Online)(SC) 76

SUPREME COURT
A.K. Sikri, J
Eastern Coalfields Ltd v. M/s Tetulia Coke Plant(P)Ltd. and Others


Table of Content
1. challenge to e-auction scheme by writ petition. (Para 2 , 3 , 4)
2. issue of unjust enrichment raised but dismissed. (Para 8 , 12)
3. court affirmed refund due to invalidity of the auction scheme. (Para 10 , 11 , 13 , 14)

1. Leave granted.

3. A writ petition was filed by the respondents herein before the Calcutta High Court which was registered as Writ Petition No. 1279 of 2005. In the said writ petition the respondents challenged the legality of the e - auction scheme introduced by the Union of India and adopted by the Appellant herein. In the said writ petition, an interim order was also passed on 08.08.2005 with regard to the liability for payment of price for purchasing coals under e - auction scheme and for furnishing bank guarantee in connection thereof.

5. Contempt petitions were filed by some of the parties thereto in which several orders came to be passed by this Court whereby this Court directed the coal companies for refunding the excess amount paid by the purchasers who were petitioners before this Court in those cases.

7. The legality of the aforesaid judgment and order came to be challenged by filing an appeal before the Division Bench of the High Court





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