CHAIRMAN-CUM-MANAGING DIRECTOR Vs. SHIV DOMESTIC COKE

JUDGEMENT

(1.) THE Chairman-cum-Managing Director, Bharat Coking Coal Limited, Calcutta, (hereinafter referred to as 'the B.C.C.L.) and its other officers are the appellants and they have challenged the judgment dated 19-11-2001, passed by a learned Single Judge of this Court directing the B.C.C.L. to supply the promised quantity of coal to the writ petitioner-respondents as per the procedure prescribed by the impugned notice dated 25-6-2001 (Annexure-1) for the quarter July 2001 to September, 2001, after deducting the supply already made for the part of the period.

(2.) THE writ petitioner-respondents filed a writ application being C.W.J.C. No. 11262 of 2001 for quashing the notice dated 25-6-2001 (Annexure-1), which was affixed on the Notice Board in the office of the B.C.G.L., Calcutta, by which the writ petitioner-respondents, which are registered small scale Industries engaged in manufacturing of Special Smokeless Fuel (Soft Coke) for domestic need, were asked to make advance payment of Rs. 10 lacs for each rake for booking of coal to the S.S.F. Units for the quarter months of July to September, 2001, and for directing them to accept the booking programme against Bank Guarantee, which was prevalent prior to the issuance of the notice and, in the alternative, to direct the B.C.C.L. and its officials (the appellants) to grant fifteen days' time more for acceptance of programme of booking of coal for the aforesaid-quarter in terms of the contents of the notice.

(3.) TWO submissions were advanced before the learned Single Judge, one was that once policy decision was taken to supply coal against 100% Bank guarantee, that cannot be changed to the detriment of the writ petitioner-respondents and the other was that no sufficient time was given to deposit the money. The first submission was negatived by the learned Single Judge. However, he allowed the second submission and ordered for supply of coal on deposit of money in terms of the impugned notice for two months only, namely, July and August, 2001, as the supply has already been made for September, 2001 to the writ petitioner-respondents on payment of money.