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Jharkhand High Court

G.N.Coke Mfg. Co. Pvt. Ltd. vs Bharat Coking Coal Ltd. & Ors on 18 February, 2011

Author: R. K. Merathia

Bench: R. K. Merathia

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W. P. (C) No. 6125 of 2010
                                    ---
                  G. N. Coke Mfg. Co. Pvt. Ltd., Dhanbad ... ...                  Petitioner
                                          Versus
                  1. Bharat Coking Coal Limited, Dhanbad
                  2. The General Manager (Sales), BCCL, Dhanbad
                  3. The Chairman and Managing Director, CIL, Kolkata
                  4. The Chief General Manager(Sales & Marketing),
                     BCCL, Dhanbad                         ...     ...            Respondents
                                    ---
                  CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
                              ---
           For the Petitioner       : Mr. Ajit Kumar, Advocate
           For the Respondents      : Mr. Anoop Kumar Mehta, Advocate
                              ---
3. 18.02.2011

: Mr. Ajit Kumar reiterated that for the purpose of repairing of coke ovens, petitioner itself prayed for suspension of coal supply linkage, but thereafter, Eastern Coalfields Limited has resumed supply to the petitioner, but B.C.C.L. has not, and decision in this regard is pending.

Mr. Mehta, learned counsel appearing for the B.C.C.L. submitted that petitioner applied in 2007 and therefore, if petitioner files a fresh representation, a decision will be taken thereon in accordance with law.

In the circumstances, petitioner is permitted to make a fresh representation before respondent no. 4 - The Chief General Manager (Sales & Marketing), B.C.C.L., Koyla Bhawan, Koyla Nagar, Dhanbad within two weeks. If petitioner's request is found acceptable, orders should be passed in that regard. If it is found unacceptable, reasons thereof should be communicated to the petitioner. This exercise should be completed within four weeks from the date of receipt of representation.

It is made clear that this Court has not gone into the merits of the claims of the petitioner.

With these observations and directions, this writ petition is disposed of.

(R. K. Merathia, J.) R. Shekhar Cp 2