COAL CONSUMERS ASSOCIATION Vs. T K LAHIRI

JUDGEMENT

(1.) The present application for contempt has been filed for disobedience of the order 26th July, 2010.

(2.) From the facts stated it appears that an order was passed by Bharat Cooking Coal Limited, suspending supply of 45 units from members of Coal Consumer Association on 1.7.2010. A writ petition was filed challenging the order of suspension cum show-cause notice with following prayer:

(3.) By order dated 26.7.2010, the Division Bench of this Court had stayed the order of suspension cum show-cause notice and a Special Leave Petition was preferred before the Apex Court and vide order dated 4.8.2010, operation of the order passed by this Court dated 26.7.2010 was stayed. During period of stay before the Apex Court, a Committee was formed to scrutinize the firms of 45 consumers. Ultimately, Special leave petition was dismissed by order dated 15.9.2010 and has vacated the interim order. According to applicants they filed a representation before the competent authority stating therein that as Special Leave Petition has been dismissed, therefore, it will be appropriate that Respondents may not proceed under Clause 4.4 of the Fuel Supply Agreement and further a direction be issued for resumption of supply of coal. An order was issued by BCCL by which they withdraw the order dated 1.7.2010 with a condition mentioning in the notice that they have a right to take appropriate action in the terms of Clause 4.4 and 15.1 of the Fuel Supply Agreement. A representation was also filed to that effect not to proceed under Clause 4.4 of the Fuel Supply Agreement. A Contempt Application was filed being Contempt Application No. 4652 but said contempt application was dismissed with an observation that as no action has yet been taken by Respondents in terms of Clause 4.4 and 15.1 of Fuel Supply Agreement, therefore, no cause of action accrued to applicant for making such application for contempt. Subsequently action has been initiated in pursuant to Clause 4.4 of the Fuel Supply Agreement. Then a contempt application was filed being Contempt Application No. 6168 of 2010 in which notices have been issued for deliberate disobedience of the order. Supply was not resumed and opposite parties have deliberately after the order of Hon'ble Court dated 26th July, 2010 has constituted a Committee on 17th August, 2010 under Clause 4.4 and 15.1 of the Fuel Supply Agreement and further a notice has been issued on 10th October, 2010 under Clause 4.4 and 15.1 of the Fuel Supply Agreement. Applicants submit that this is a deliberate and willful act of opposite parties which amounts to willful disobedience and defiance of the order of this Court.