COAL INDIA LIMITED Vs. RAHUL INDUSTRIES LIMITED

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 25th November, 2010 passed by Hon'ble Single Judge in W.P. No. 44 of'2007. The writ petitioners/respondents challenged the interim policy dated 15th December, 2006 which was effected from 1st December, 2006 till October, 2007 after which final policy was framed. Hon'ble Single Judge vide judgment and order dated 25th November, 2010 allowed the said writ petition holding that interim coal sale policy by which 20% extra of the notified price was fixed to the non-core linked sector is unreasonable and unjustified as Coal India Limited failed to strike a balance between its financial interest (including its subsidiary), the interest of the petit inner namely non-core linked sector who manufacture smokeless fuel, the interest of the ultimate consumer of such smokeless fuel. Learned Single Bench, therefore, directed the Coal India to refund of said 20% extra price which the respondents had to pay over and above notified price.

(2.) Being aggrieved by and dissatisfied with the said order, Coal India Limited has preferred this appeal as appellant.

(3.) It is submitted by learned Counsel appearing on behalf of the appellant/Coal India Limited that the respondents did not take any ground that the interim coal policy is in violation of Supreme Court direction in Ashoka Smokeless Coal India Limited vs. Union of India,2007 2 SCC 460. It is further submitted that learned Single Bench framed two issues, (1) was CIL and its subsidiaries competent to formulate the impugned order as an interim coal sale policy and (2) if the issue No. 1 is answered in the affirmative, was the actual fixation of 20% above the notified price a reasonable exercise of power of price fixation? (3) the third issue is "do the answer to the above issues stand concluded by reason of judgment of the Supreme Court in Pallavi Refractories.