CHAIRMAN COAL INDIA LIMITED Vs. HEAVEN SODIUM SILICATE

JUDGEMENT

(1.) THIS civil revision application is directed against the order dt. 29.6.02 passed by the District Judge, Patna in Misc. Appeal no. 39/01 whereby the learned appellate court dismissed the appeal filed against the order dt. 2.3.01 passed By the Subordinate Judge XIII, Patna in Title suit no. 29/ 01 whereunder the learned trial court directed the defendant -petitioner to supply coal to the plaintiff -respondent 1st set under linkage scheme on payment of cash until further orders.

(2.) THE case of the plaintiff -opposite party is that they are registered firms and they have established factories for manufacturing various products after making substantial investment and they require coal as a raw material for undertaking production of the various finished products in their factories. The coal is supplied by the defendant -petitioner under linkage system at notified price and not under their open sale scheme. The supply of coal was stopped by the defendant -petitioner which led tc the filing of the instant suit praying inter alia to direct the defendant -petitioner to supply assured quantity of coal on receipt of its price under the linkage system.

(3.) THE trial court, during hearing of the injunction petition, having considered the subsequent reports dated 2.5.2000 and 5.9.2000 received from the Industries department of the State Government directed under the order dated 2.3.2002 that on payment of cost required coal be supplied until further orders to all the plaintiffs except plaintiff nos. 1, 17 and 19. The defendant -petitioner being aggrieved by the aforesaid order dated 2.3.01 filed injunction appeal reiterating the stand that Industrial units of the plaintiff is closed since much before 15.4.2000 and reliance placed by the trial court under order dated 2.3.2001 over subsequent reports dated 2.5.2000 and 5.9.2000 is wholly misconceived. It was further contended that perusal of the two reports dated 2.5.2000 and