RASHMI CEMENT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondent nos. 4 and 5, namely, Eastern Coalfields Limited and the General Manager (Sales and Marketing), Eastern Coalfields Limited have filed the instant application for recalling of the Order dt. 24/2/2022 passed by this Court in WPA No. 9647 of 2013 on the ground that the Order dt. 24/2/2022 was passed without giving an opportunity of hearing to the respondents herein as the writ petitioner has not served any notice to the respondents herein before hearing of the instant writ application.

(2.) The petitioners have filed the instant writ application praying for a direction for refund of the amount of Rs.1,34,46,000.00 forfeited by the respondent no. 4 on 20/7/2010. The petitioners further prayed for a direction upon the respondent for execution of Fuel Supply Agreement in respect of 6th, 7th and 8th Kilns of Unit-III of the petitioner's plant without insisting for bank guarantee prior to refund of the forfeited proportionate bank guarantee amounting to Rs.1,34,46,000.00.

(3.) The respondent no. 1 has introduced a coal distribution policy to ensure long term coal supply to certain categories of industries for the development of such industries. Under the coal distribution policy, the coal companies under the Central Government required to enter into Fuel Supply Agreement (in sought hereinafter referred as FSA) with such industries.