Chattisgarh High Court
Vardhman Fabric (A Unit Of Vardhman ... vs Coal India Limited 21 Wpc/1824/2020 ... on 24 August, 2020
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1773 of 2020
Vardhman Fabric (A Unit Of Vardhman Textiles Ltd. Fsa No. 9040) Through
Authorized Officer, A1-A6, Industrial Area, Phase-II, Satlapur, Mandideep,
District- Raisen (M.P.)
---- Petitioner
Versus
1. Coal India Limited A Maharatna Company (Govt. Of India Undertaking),
Through Its General Manager (Marketing And Sales) Coal Bhawan,
Marketing Directorate, Premises No. 04MAR, Plot-AF-III, Action Area-1A,
New Town, Kolkata- 700156
2. South Eastern Coalfields Limited (A Subsidiary Of Coal India Limited/ A
Mini Ratna PSU), Through Its General Manager (Marketing And Sales),
Regd. Office- Seepat Road, Bilaspur, Chhattisgarh
3. South Eastern Central Railways Through Its Senior Divisional Operation
Manager, Bilaspur, Chhattisgarh
---- Respondents
For Petitioner : Mr. Anish Tiwari, Advocate For Res. 1 & 2 : Mr. Vivek Chopda, Advocate For Res. No.3 : Mr. Abhishek Sinha, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 24/08/2020
1. The grievance in the present writ petition is to the order Annexure P-1 dated 16.05.2019 & 31.07.2019 whereby the respondents had cancelled the rakes which were alloted to the petitioner for the purpose of supply of coal.
2. In the recent past two writ petitions of similar nature i.e. WPC 2847/2019 and WPC 2951/2019 were filed before this Court and this Court had disposed of the said writ petitions directing the respondent- 2 SECL to consider the claim of the petitioner for the release of the rakes in the light of the decision that was taken by the Coal India Limited on 08.11.2019. In the order of the Coal India Limited dated 08.11.2019, the SECL was directed to file a fresh rake Programme in respect of the petitioner therein. Subsequently, the aforementioned two writ petitions also were disposed of directing the petitioners to move appropriate fresh application for allotment of rakes against the indents cancelled by SEC Railway.
3. According to the petitioner if the SECL takes the decision on the said application keeping in view the orders that the SECL has passed in similar matters in accordance with directives which Coal India Limited had given vide their order dated 08.11.2019, thereafter grievance would get redressed.
4. The limited request that petitioner makes is not opposed by the counsel for the respondents.
5. Accordingly, present writ petition also stands disposed of directing the petitioner to move appropriate application before respondent No.1 & 2, who in turn shall take a decision on the said application keeping in view the order of the Coal India Limited dated 08.11.2019 and subsequent orders passed by the SECL in similar matters in respect of other similar companies who had approached vide the aforesaid two writ petitions which were disposed of on 12.02.2020.
6. It is expected that respondents would take a decision at the earliest.
7. With the aforesaid directions, the writ petition stands accordingly disposed of.
Sd/-
(P. Sam Koshy) Judge Rohit