VASWANI INDUSTRIES LTD Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) BY this petition, the petitioner seeks a writ in the nature of mandamus directing the respondent, its servants, agents and employees to resume the supply of coal under the Fuel Supply Agreement (for short "FSA") (Annexure P-1), further to issue instruction to the South East Central Railway, Bilaspur, to load coal in the Railway rakes, as per the original priority, as mentioned in the notice (Annexure P-3).

(2.) THE indisputable facts, in brief, relevant for consideration of the case, are that the respondent entered into FSA with the petitioner on 30.04.2008 for supply of Annual Contracted Quantity, as mentioned in clause 4.1 of the FSA. THE period of agreement was five years with effect from the date i.e. immediately succeeding the month in which both the parties signed agreement. Clause 14 of the FSA provides for suspension of coal supplies and clause 16 provides for termination of contract/ agreement. THE respondent stopped the supply of coal pursuant to the note dated 12.05.2011 (Annexure R-1). Thus, this petition.

(3.) I have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto.