HIND STEEL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Jaiswal, learned Counsel for the petitioners, Shri Mehadia, learned Counsel for the respondent Nos. 2 and 3, and Mrs. Dangre, learned Additional Government Pleader for the respondent Nos. 4 and 5.

(2.) Shri Jaiswal, learned Counsel for the petitioners, states that the petitioners are consumers of coal. It is submitted that coal supply agreement was executed between petitioners and respondent-Western Coalfields Limited. The quantity of coal required to be supplied by the respondent-Western Coalfields Limited to the petitioners every month is mentioned in the coal supply agreement. It is submitted that Clause 4.4 of the coal supply agreement entitles respondent-Western Coalfields Limited to reserve the right to verify including the right to inspect/call for any document from the purchaser and physically verify the end use of the coal and satisfy itself of its authenticity. This Clause further stipulates that purchaser shall be under obligation to comply with the seller's directions and extend full co-operation in carrying out verification/inspection.

(3.) It is contended by Shri Jaiswal that respondent-Western Coalfields Limited wanted petitioners to submit documents along with specific format certified by the District Industries Centre. The format is annexed as Annexure 'VI' to the petition. It is submitted that the petitioners were ready and willing to obtain the said document from the District Industries Centre, however, when they approached the District Industries Centre, it flatly refused to issue certificate in the prescribed format on the ground that it is not under any obligation to do so. It is further submitted that for want of submission of the said document, the respondent-Western Coalfields Limited has stopped supply of coal, which has affected the interest of the petitioners adversely and, therefore, the petitioners have approached this Court.