Delhi High Court - Orders
D. B. Power Madhya Pradesh Limited vs Ministry Of Coal, Union Of India & Ors on 1 June, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5708/2021
D. B. POWER MADHYA PRADESH LIMITED ..... Petitioner
Through Mr. Deepak Khurana, Mr. Vineet
Tayal & Ms. Nishtha Wadhwa, Advs.
versus
MINISTRY OF COAL, UNION OF INDIA & ORS. ..... Respondents
Through Ms. Suparna Srivastava, CGSC with
Ms. Soumya Singh, Adv. for R-1 &
R-3.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 01.06.2021 CM APPL. 17883/2021
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 5708/2021
3. The present petition has been preferred by a power generating company seeking the following reliefs.
"A. Issue a Writ of mandamus or such other appropriate writ directing the Respondents to cancel/ withdraw the Petitioner's Coal Linkage [i.e. Letter of Assurance dated 19.07.2010 (Annexure P-1 read with Annexure P-2)] without encashment of its associated Bank Guarantees [Annexure P-3 (Colly)] furnished thereunder, and to consequently return the same to the Petitioner;.
B. Pass such other further orders, as this Hon'ble Court may deem fit & proper, in the facts and circumstances of the present case as also in the interest of justice."Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:02.06.2021 16:05:52
4. After some arguments, learned counsel for the petitioner submits that for the present, the petitioner would be satisfied if the respondent no.1 is directed to decide the petitioner's pending representations dated 20.10.2020 & 16.04.2021 expeditiously.
5. Ms. Suparna Srivastava, learned CGSC, who appears on advance notice on behalf of respondent nos. 1 & 3 submits that in view of the limited reliefs sought by the petitioner, the respondent no.1 has no objection to deciding the petitioner's aforesaid representations in a time bound manner.
6. In light of the aforesaid, the petition is disposed of by directing respondent no.1/Ministry of Coal to pass a reasoned and speaking order disposing of the petitioner's representations dated 20.10.2020 & 16.04.2021 within a period of four weeks. Needless to state that while deciding the said representations, the respondent no.1 will consider the minutes of the review meeting held by respondent no.3/Ministry of Power as recorded in its office memorandum dated 01.10.2019 as also the effect of the recommendations made by the Central Electricity Authority on 13.01.2020.
7. In case the petitioner is aggrieved by any decision taken by respondent no.1, it will be open for the petitioner to take legal recourse as permissible under law.
REKHA PALLI, J JUNE 1, 2021 kk Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:02.06.2021 16:05:52