Jharkhand High Court
Center vs Coal India Limited on 27 February, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 873 of 2025
JSW Steel Ltd., a Company Incorporated under the Companies Act, 1956
(Presently Companies Act, 2013), having its registered office at JSW
Center, Bandra Kurla Complex, P.O. & P.S. Bandra East, District
Mumbai, Maharashtra- 400051 and its Project Office at B-236, Ground
Floor, Road No. 3, Ashok Nagar, P.O. & P.S. Argora, District Ranchi,
Jharkhand-834002 through its authorized signatory, Sri Arindam Sinha,
son of Late Dilip Kumar Sinha, aged about 45 years, resident of Flat No.
502-B, Building No. 87, Meghna CHS, Tilak Nagar, Chembur West, P.O.
Chembur, P.S. Tilaknagar, District Mumbai, Maharashtra-400071.
... Petitioner
Versus
1. Coal India Limited, having its registered office at Coal Bhavan,
Premises no. 04 MAR, Plot No. AF III action area 1 A, New Town,
Rajarhat, P.O., P.S. Rajarhat, District Kolkata, West Bengal 700156
through its Chairman, having its office at Coal Bhavan, Premises no.
04 - MAR, Plot No. AF III action area 1 A, New Town, Rajarhat, P.Ο.,
P.S. Rajarhat, District Kolkata, West Bengal- 700156
2. Chairman, Coal India Limited, Coal Bhavan, Premises no. 04 - MAR,
Plot No. AF III Action Area 1 A, New Town, Rajarhat, P.O., P.S.
Rajarhat, District Kolkata, West Bengal- 700156;
3. Director, Marketing, Coal India Limited having office at Coal Bhavan,
Premises no. 04 - MAR, Plot No. AF III action area 1 A, New Town,
Rajarhat, P.O., P.S. Rajarhat, District Kolkata, West Bengal- 700156;
4. General Manager, Marketing and Sales Division, Coal India Limited
having office at Coal Bhavan, Premises no. 04 MAR, Plot No. AF III
action area 1 A, New Town, Rajarhat, P.O., P.S. Rajarhat, District
Kolkata, West Bengal-700156;
5. Bharat Coking Coal Limited, having its registered office at Koyla
Bhavan, Koyla Bhavan, P.O., P.S. and District Dhanbad, Jharkhand-
826005, through its Chief Managing Director;
6. Chief Managing Director, Bharat Coking Coal Limited, having its
registered office at Koyla Bhavan, Koyla Bhavan, P.O., P.S. and
District Dhanbad, Jharkhand-826005;
7. The General Manager, Marketing and Sales Division, Bharat Coking
Coal Limited having its registered office at Koyla Bhavan, Koyla
Bhavan, P.O., P.S. and District Dhanbad, Jharkhand-826005;
8. M-Junction Services Limited, a Company registered under the
Companies Act, having its registered office at Godrej Water Site,
Tower-V, 3rd Floor, Plot No.5, Block- DP, Sector-V, P.O. & P.S.- Salt
Lake City, District- Kolkata, West Bengal- 700064, through its
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Director having its office at Godrej Water Site, Tower-V, 3rd Floor,
Plot No.5, Block- DP, Sector-V, P.O. & P.S.- Salt Lake City, District-
Kolkata, West Bengal- 700064.
9. Director, M- Junction Services Limited, a Company registered under
the Companies Act, having its registered office at Godrej Water Site,
Tower-V, 3rd Floor, Plot No.5, Block- DP, Sector-V, P.O. & P.S.- Salt
Lake City, District-Kolkata, West Bengal- 700064.
.... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner: Mr. P. Chidambaram, Sr. Advocate
Mr. Rohitashya Roy, Advocate
Mr. Dhananjay Mishra, Advocate
Mr. Vibhor Mayank, Advocate
Mr. Shivam Kumar, Advocate
For Resp. Nos.1-7: Mr. Anoop Kumar Mehta, Advocate
Mr. Manish Kumar, Advocate
For Resp. Nos.8&9: Mr. Soorjya Ganguly, Advocate
Mrs. Monalisa Singh, Advocate
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02/Dated: 27.02.2025
M.S. Ramachandra Rao, C.J.(Oral)
1. Notice to the respondents.
2. The counsels concerned accept notice for their respective parties.
3. Since the demand for payment of penalty made by the Respondents 1 to 5 to the petitioner as a condition precedent to execute the Fuel Supply Agreement in Annexures 17 and 19 is not preceded by any show-cause notice, prima facie, there is a violation of principles of natural justice. Therefore, there shall be interim stay of recovery of penalty from the petitioner by the respondents, until further orders.
4. List on 26th March 2025.
5. Counter affidavits be filed in the meantime.
(M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Manoj/ Pramanik/Cp.2 Page 2 of 2