Bombay High Court
Raja Ram Steel Industries Pvt.Ltd. Thr ... vs Union Of India, Thr Its Secrtary & 2 Ors on 4 August, 2017
Author: Swapna Joshi
Bench: R.K. Deshpande, Swapna Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.302 OF 2008
Ispat Industries Ltd.(Formerly known as Nippon Denro Ispat Ltd), a
Company registered udner the companies Act, 1956, having its
registered office at Park Plaza, 71, Park Street, Kolkata, and one of
its establishment at A-10/1, MIDC Industrial Estate, Kalmeshwar,
acting through one of its Principal Officers Shri Anil Kumar,
Modani, General Manager (Commercial)... Petitioner
..vs..
1] Union of India Thr. Principal Secretary, Ministry of Coal and
Mines, A-Wing, Shastri Bhawan, Room No. 321, New Delhi
2] The Chairman & Managing Director, Coal India Ltd., 10,
Netaji Subahs Road, Kolkata, West Bengal
3] The Chairman & Managing Director, Western Coal Fields
Limited, Coal Estate, Civil Lines, Nagpur.... Respondents
WITH
WRIT PETITION NO.782 OF 2009
Suryalaxmi Cotton Mills Ltd. 105, Sardar Patel Road,
Secunderabad, Andhra Pradesh and having its Unit/Plant at Village
Nagardhan, Tah. Ramtek, District Nagpur, Thr. Its Director and
Chief Executive (Denim Division) Shri H.L.Ralhan.. Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its General Manager
(Finance), Coal Estate, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.1190 OF 2009
The Sanjivani (Takli) Sahakari Sakhakari Karkhana Ltd.
Sahajanandnagar, P.O. Shinganapur, Tq. Kopargaon, Distt.
Ahmednagar, Thr. Authorised Agent and Officer Superintendent,
Santosh Rangnath Abhale ...Petitioner
..vs..
1] Coal India Ltd., 10, Netaji Subahs Chandra Bose Road,
Kolkata, represented by Chairman
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2] Western Coal Fields Limited, Civil Lines, Nagpur, represented
by its Chief General Manager .... Respondents
WITH
WRIT PETITION NO.1461 OF 2009
1] The Godavari Sugar Mills Ltd., registered office at Fazalbhoy
Building, 45/47, M.G.Road, Fort, Mumbai, represented by
authorized agent Thr. Prakash R. Tiwari, R/o. Gavru Sadan, A-Wing,
R.No. 401, Ganesh Nagar, Dombivli.
2] M/s. Somaiya Organ Chemicals Limited, Office at Fazalbhoy
Buidling, 45/47, M.G.Road, Fort, Mumbai..... Petitioners
..vs..
1] Coal India Ltd., 10, Netaji Subahs Chandra Bose Road,
Kolkata, represented by Chairman
2] Western Coal Fields Limited, Civil Lines, Nagpur, represented
by its Chief General Manager .... Respondents
WITH
WRIT PETITION NO.1490 OF 2009
Shree Coal Enterprises (I) Pvt. Ltd, H/o at 196, Kamdhenu
Complex, M.P. Nagar, Bhopal, through Director, Manoj K. Jain, R/o.
Patel Nagar, Raisen Road, Bhopal..... Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its General Manager,
Nagpur .... Respondents.
WITH
WRIT PETITION NO.1495 OF 2009
M/s Digganth Steel Industries & Engineering Works, H/o at Plot
NO. 8, Easter Industrial Area, Kalmana Market, Nagpur, through
Partner Naresh Ramlal Soni, R/o. 288, Wardhaman Nagar, Nagpur
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its General Manager,
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Nagpur ... Respondents.
WITH
WRIT PETITION NO.1687 OF 2009
1] Anumpam Extraction Ltd. Regd. Office at 102, Shree Mohini
Complex, Kingsway, Nagpur, Thr. Director Rajendra Basudeo Saraf,
R/o. Silver Oak, 2nd Floor, Raj Nagar, Katol Road, Nagpur
2] Modern Minerals Products, through Partner Abdul Subhan
Bari, R/o. Plot NO. 57/I, at Post Padoli, Chandrapur,
3] Economic Cement Company, thr. Proprietor Madhusudan H.
Rungta, R/o. E-1, MIDC Industrial Area, Chandrapur..Petitioners
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coalfields Limited, through its Chief General
Manager, Nagpur .... Respondents.
WITH
WRIT PETITION NO.1688 OF 2009
M/S Shreeram Steel Industries & Engineering Works, having Regd.
H/o 266 C.A. Road, Lakadganj, Nagpur, through Partner Naresh R.
Soni, R/o. 288, Wardhaman Nagar, Nagpur... Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.1824 OF 2009
1] M/s Ganesh Bahu Udhesiv Audyogik Gramin Vikas Sanstha
Thr. Its Director Mohan N. Gurram, R/o. Banegao, Solapur.
2] M/s. Maharstra Lime Industries, through Director
Laxminnarayan C Gurra, R/o. Banegaon, Solapur Petitioners
..vs..
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1] Union of India Thr. Secretary, Ministry of Coal and Mines,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman and Managing Director,
Coal Estate, Civil Lines, Nagpur
3] Sales Manager, Western Coal Fields Limited, W.C.L. Building,
Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.1950 OF 2008
M/s Amalgamated Cokes and Fuels (I) Pvt. Ltd., Regd. Office at
Bisesar House, Temple Road, Civil Lines, Nagpur, through Piyush S.
Daga, R/o. Civil Lines, Nagpur Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2310 OF 2009
The Rai Saheb Rekhchand Mohota Spinning & Weaving Mills Ltd.,
Regd. Office at Hinganghat, Distt. Wardha, through Manager
Administration, Hinganghat. Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2325 OF 2008
Ankit Pupls and boards Pvt. Ltd., Regd. H/o at 39/2, Bhilgan, Post-
Khairi, Kamptee Road, Distt. Nagpur, Thr. Director, Santosh R.
Agrawal, R/o. 101, Ganga Apartment, Ramdaspeth, Nagpur
..vs..
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1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2327 OF 2008
N. B. Enterpreneurs, Regd. Office at Uppalwadi, Kamptee Road,
Nagpur, Thr. R. M. Agrawal, R/o. 102, Ganga Apartment,
Ramdaspeth, Nagpur. Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2330 OF 2008
Narendra Solvex Pvt. Ltd., Regd. Office at Rallies Road, Amravati,
through Thr. Its Director, Navalkumar D. Bhoot, R/o. Deegee
Estate, Deorankar Nagar, Badnera Road, Amravati Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2453 OF 2009
1] Arpana Enterprises, Proprietor Vidarbha Industries Ltd.,
Khapa Swamy, P.O.Junnardeo, Post.Chindwara (M.P.)
2] Satkar Industries, Hirdagarh, P.O.Junnarde, Chindwara (MP)
3] Chhindwara Fuels, P.O.Junnardeo, Chindwara (MP)
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4] Madhya Bharat Fuels Pvt. Ltd., P.O. Junnardeo, District
Chhindwara (MP)
5] Shashikant and Company, P.O. Junnardeo, Distt. Chhindwara
(MP), Regd. Office Narbada Niwas, R.C. Patel Road,
Chandrawarkar Lane, Borivali, Mumbai (thr. Harsal B Gulani, R/o.
Nagpur) Petitioners.
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2482 OF 2008
Umred Agro Complex Ltd. Thr. Director Arvind Waman Bakde,
Office at 232, Harshvilla, Hill Road, Shivajinagar, Nagpur..
Petitioner
..vs..
Western Coalfields Ltd. Thr. G.M, Civil Lines, Nagpur.
Respondent
WITH
WRIT PETITION NO.2605 OF 2009
1] M/s Dadabhai Potteris Thr. Its Director, R.B.Sharma, R/o.
Ballarpur, Chandrapur
2] M/s. Kothari Potteries & Tile Works, through Directgor,
Laxmikant Kothari, R/o. Ballarpur, Chandrapur.
3] M/s.Vinay Pipe & Tiles Factory, through Director R.B.Sharma,
R/o. Ballarpur, Chandrapur.
4] M/s. Shyamkala Agro Processor Pvt. Ltd, through Lalit Kumar
Goyal, R/o. Karda, Bhandara.
5] M/s. Birla Cotsyn India Ltd, through Director O.B.Sharma,
R/o.MIDC, Khamgaon, Buldhana.
6] M/s. Swastik Pipe Industries, through Proprietor R.B.Sharma,
R/o. Ballarpur, Chandrapur Petitioners
..vs..
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1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Western Coal Fields Limited, through its Chairman and
Managing Director, Civil Lines, Nagpur
3] Sales Manager, Western Coalfields Limited, W.C.L. Building,
Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2670 OF 2009
Hanuman Chromocoaters Ltd. Regd. Office at Nice House, 5 th
Floor, Hare Street, Kolkatta and Office at Gopala Apts., Clark Town,
Nagpur, Thr. Manager (Administration) Narendra Kumar B. Pande,
R/o, Nagpur Petitioner
..vs..
1] Union of India Thr. Principal Secretary, Ministry of Coal and
Mines, Shastri Bhawan, New Delhi
2] Chairman and Managing Director, Coal India Ltd., Netaji
Subahs Road, Kolkata,
3] Chairman and Managing Director, Western Coal Fields
Limited, Civil Lines , Nagpur.... Respondents.
WITH
WRIT PETITION NO.2725 OF 2009
Vardhman Acrylics Ltd., 755 GIDC MEGA ESTATE, JHAGADIA,
District BHARUCH, Gujrat, through Vice President, K.B.Bansal,
R/o. D4, Patel Park, Zadeshwar, Bharuch, Gujrat Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.2749 OF 2009
Indo Rama Synthetics (I) Ltd. , A-31, MIDC Industrial Area,
Butibori, Nagpur, Thr. Its Vice President (Commercial), Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
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2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, Nagpur, through its Chief
General Manager (Sales and Marketing).... Respondents.
WITH
WRIT PETITION NO.2867 OF 2009
Shankar Super Coke Pvt. Ltd., E-1/192, Arera Colony, Bhopal, Thr.
Its Director, Sunil S. Shukul, Arera Colony, Bhopal Petitioner
..vs..
1] Coal India Ltd., Netaji Subash Chandra Bose Road, Kolkata,
through Chairman
2] Western Coal Fields Limited, Nagpur through its Chief
General Manager, Respondents.
WITH
WRIT PETITION NO.2943 OF 2009
Gujarat Ambuja Exports Ltd., Regr. Office at Ambuja Tower,
Navarangpura, Ahmedabad, throuh Assistant Manager Yogendra R
Pandey, R/o. Khaner Gawali, Akola Balapur Road, Tq. Balapur,
Distt. Akola` Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.3211 OF 2008
Rasoya Proteins Ltd., Regd. Office at Wanjari, Tq. Wani, Distt.
Yavatmal, through Executive Director, Prasahant G. Duchakke, R/o.
U-24, Narnedra Nagar, Nagpur Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, Civil Lines, Nagpur, through its
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Chief General Manager, .... Respondents.
WITH
WRIT PETITION NO.3270 OF 2008
M/s Hartex Tubers Pvt. Ltd., Regd. H/o at Canal Road,
Ramdaspeth, Nagpur, through Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.3418 OF 2008
Nagpur Ceramics Pvt. Ltd., Regd. H/O at A-4, MIDC, Industrial
Area, Hingna Road, Nagpur, through Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.3419 OF 2008
Noble Ceramics Pvt. Ltd., Regd. Office at A-7/5, MIDC,
Kalmeshwar, Distt. Nagpur thr. Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
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WRIT PETITION NO.3420 OF 2008
Hindusthan Composites Ltd., Regd. H/O at Warli, Mumbai, Branch
Office at Plot No. C-10/1, MIDC Industrial Area, Gadegaon, Dsitt.
Bhandara, thr. Constituted Attorney Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.3442 OF 2008
Supreme Refractories and Products Pvt. Ltd. Regd. H/O at A-5,
MIDC Industrial Area, Hingna Road, Nagpur, through its Director
Ganesh S. Jaiswal Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.3568 OF 2007
Premier Proteins Ltd., Regd Office at 45/47-A, Industrial Area No.1,
A.B.Road, Dewas (M.P) Petitioner
..vs..
1] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.3569 OF 2007
1] Premier Industries (I) Ltd., Regd. Office at 45/47-A, Industrial
Area No.1, A.B.Road, Dewas (M.P.)
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2] Premier Nutritions, Regd. Office at 45/47-A, Industrial Area
No.1, A.B.Road, Dewas (M.P.), thr. Manager Petitioners
vs.
1] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
2] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4012 OF 2008
Sharda Ispat Ltd., Regd. H/O at Kamptee Road, Nagpur, through
Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4096 OF 2008
Kaprecon Sleeper Works Pvt. Ltd. Regd. Office at 303, Elphiston
House, 17, Marzaban Road, Mumbai, through CEO Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4103 OF 2008
M/s Hind Steel, Regd H/O at 629, Ghat Road, Nagpur, thr its
Partner S.O.Agrawal, R/o. Ghat Road, Nagpur Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
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Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4157 OF 2008
M/s Saggu Ispat Re-Rollers , Reg. H/O at Bhilgaon Kaptee Rad,
Nagpur, thr. Partner J.M.Saggu Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4194 OF 2008
M/s Harjeet Steel Industries, through Partner H.B.Saggu, R/o. 1/A,
Siddharth Nagar, Kamptee Road, Nagpur Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4324 OF 2008
M/s MP Veneers Pvt. Ltd. Office at 2-D "Gulmohar", Opp. Hislop
College, Civil Lines, Nagpur, thr. Director Petitioner
..vs..
1] Western Coal Fields Limited, Coal Estate, Civil Lines,
Nagpur, through Chairman-cum-Managing Director,
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi Respondents..
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WITH
WRIT PETITION NO.4328 OF 2008
Swetal Steel Ind. (Pvt) Ltd. Regd. H/o at 51, Small Factory Area,
Bagadganj, Nagpur, Thr. Director Petitioner.
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4337 OF 2008
M/s Raju Steel Industries, Regd. H/o. At Old Motor Stand, Nagpur,
Thr. Partner, Nagpur Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4341 OF 2008
M/s Associates Steel Industries, Regd. H/O at 12-Bank Complex,
Ganeshpeth, Nagpur Thr. Partner Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4354 OF 2008
Balaji Amines Ltd. Regd Office at Balaji Bhavan, 165-A, Railway
Line, Solapur, Thr. Its Ex. Director Petitioner
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..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4360 OF 2008
Raja Ram Steel Industries Pvt. Ltd. Regd. H/O at 301, Nithi Gaurav,
Ramdaspeth, Nagpur, thr. Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4362 OF 2008
Mahalaxmi Dhatu Udyog Pvt. Ltd., Regd. H/O at Anaaj Bazar,
Itwari, Nagpur, thr. Its Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4466 OF 2008
Divya Jyoti Industries Ltd. Regd. H/O at 409, Apollo Towar, 2, MG
Road, Indore, through Authorized Signatory Petitioner.
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
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2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4467 OF 2008
Shilp Re-Rollers Pvt. Ltd. Regd.H/O at 1-4, Wanjra Layout, Kamptee
Road, Nagpur, thr. Its Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4548 OF 2008
Ujjawal Ispat Pvt. Ltd., Regd. H/o at C-8 MIDC, Hingna Road,
Nagpur, through Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4549 OF 2008
Sanvijay Rolling and Engineering Ltd., Regd. H/o at 9, Imambada
Road, Nagpur, through Director Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
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WITH
WRIT PETITION NO.4672 OF 2008
Rajkumar Biharilal Juneja, Prop. M/s. R K Industries, R/o. Juneja
Bhavan, Betul Ganj, Betul Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
WITH
WRIT PETITION NO.4867 OF 2008
Sunil Kailashchandra Maheshwari, Prop. M/s. Srinil Enterprise,
R/o. A 435, Shahapura, Bhopal (MP) Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents..
WITH
WRIT PETITION NO.4868 OF 2008
Kashyap Sweetners Ltd., Regd. H/o at Paragon Centre, I-Wing, 3 rd
Floor PB Marg, Worli, Mumbai, thr. Signatory Petitioner
..vs..
1] Union of India Thr. Secretary, Ministry of Coal and Mining,
Shastri Bhawan, New Delhi
2] Coal India Ltd., through its Chairman, Netaji Subahs Road,
Kolkata,
3] Western Coal Fields Limited, through its Chief General
Manager, Civil Lines, Nagpur.... Respondents.
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Shri M.G.Bhangde, Senior Advocate, assisted by Shri R.M.Bhangde, Advocate,
Shri S.N.Kumar, Shri Masood Shareef, Shri J.P.Kothari, Shri A.A.Sambaray, Shri
A.Shelat, Shri B.G.Kulkarni, Shri Avinash Gharote, Shri S.S.Ghate, Shri
A.K.Choube, Shri A.A.Naik, Advocates for Petitioners
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Shri S.C.Mehadia, Advocate for Respondent-WCL.
Smt. M.P.Munshi and Smt. Mugdha Chandurkar, Advocate, for Respondent
Union of India.
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CORAM: R.K. DESHPANDE AND
Mrs. SWAPNA JOSHI, JJ.
DATE: 4th AUGUST, 2017.
1] Shri M.G.Bhangde, the learned Senior Advocate, assisted by Shri R.M.Bhangde, learned counsel for the petitioners in W.P.Nos. 1190/2009, 1461/2009, 2867/2009, 3568/2007, 3569/2007 invites our attention to the decision of the Apex Court in S.J.Coke Industries Private Limited and others vrs. Central Coalfields Limited and others , reported in (2015) 8 SCC 72 and has urged that the petitioners are entitled to refund of the excess amount paid towards the price of the coal along with interest at the rate of 6% per annum. 2] Shri Mehadia, the learned counsel appearing for respondent-Western Coalfields Limited could not point out to us any distinction in the cases before us and the decision of the Apex Court so as to take a different view of the matter. However, Shri Mehadia submits that the petitioners should be asked to furnish the details of their claims supported by documents so that the amount of refund can be ascertained in each individual case.
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18 wp302.08 + ors.odt 4] In view of above, it is not necessary for us to record independent reasons, but we hold that for the reasons stated in the aforesaid judgment delivered in the aforesaid case by the Apex Court, all the writ petitions are allowed and the following order is passed.
[I] The petitioners to furnish all the details of their claims for refunds of the amount along with documents, if any, to the respondent - WCL within a period of 15 days from today.
[II] The respondent - WCL shall verify these claims within a further period of two months upon receipt of such details. The payment shall thereafter be made accordingly within a period of one month from the date of ascertaining the claim alongwith interest at the rate of 6% per annum from the date of judgment of the Apex Court in the case of Ashoka Smokeless Coal India (P) Ltd., and others vrs. Union of India and others, reported in (2007) 2 SCC 640.
[III] Rule is made absolute in all cases in the aforesaid terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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