CENTRAL COALFIELDS LIMITED HAVING ITS REGISTERED OFFICE AT DARBHANGA HOUSE Vs. ADITYA GLASS INDUSTRIES PVT LTD ADITYA NAGAR P O SUNDRIKARYA

JUDGEMENT

(1.) THIS Appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises out of the judgment and order dated 23.07.2008 passed in C.W.J.C. No. 766 of 2008, allowing the writ petition. The respondent Coal Company is before us in appeal.

(2.) FACTS of the case in brief is that a show cause was issued to the writ petitioner (respondent no.1 herein), dated 30.12.2006, requiring them to respond in the light of the report received from the Director, Industries, Government of Bihar contained in letter no. 2901 dated 06.12.2006, whereby it was reported that the unit was closed at the time of inspection. The writ petitioner-respondent responded to the show cause notice by filing a reply on 04.04.2007 explaining the circumstances and clarifying the position with supportive documents that the unit was functional. It is the case of the appellants that a report was submitted by the writ petitioner dated 06.02.2007 issued by the District Industries Centre, in support of its stand that the unit was functional which upon verification was found to be forged.

(3.) THE contention advanced on behalf of the appellants was contested by Mr. Y.V. Giri, learned Senior Counsel appearing on behalf of the writ petitioner (respondent no.1herein), who submitted that the order passed by the learned Single Judge is a reasoned order requiring no interference.