INDRAJIT POWER PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P. (C) 5408/2021, CM APPL.16734/2021 (by the petitioner u/S 151 CPC for ad-interim directions)

(2.) Ippl had registered itself with the MSTC Portal for bidding for coal mines in the manner laid down by the Coal Mines (Special) Provisions Ordinance, for allocation of coal mines. IPPL submitted its tender documents and on 13th March, 2015 was declared the successful bidder for Nerad Malegaon Coal Mine. IPPL and the respondent No.1/UOI entered into a Coal Mine Development and Production Agreement ("CMDPA", for short) on 16th March, 2015. On 30th March, 2015, the Ordinance was replaced by the Coal Mine (Special Provisions) Act, 2015.

(3.) Under Clause 6 of the CMDPA, IPPL was obligated to furnish a Performance Security. This Clause 6 also provided for appropriation. IPPL deposited with the respondents, a BG dated 13th April, 2015 for a sum of Rs.30,76,56,000/-. IPPL received the Vesting Order for vesting the Nerad Malegaon Coal Mine in its name and also received the approved mining plan, both dated 22nd April, 2015. An amendment was carried out in the CMDPA on 6th May, 2015 elaborating 'Efficiency Parameters' and giving 'weightage percentages' to the achievement of each milestone. A second amendment to the CMDPA was carried out on 26th December, 2016.