TIRUPATI NIRYAT PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) M/s Tirupati Niryat Private Limited has filed this contempt case invoking the provisions under Article 215 of the Constitution of India read with Sec. 11 and 12 of the Contempt of Courts Act, 1971, for initiating a contempt proceeding against the opposite party no.2 who is holding the additional charge of the Managing Director of the Jharkhand State Mineral Development Corporation Limited (in short, JSMDC) and the opposite party no. 3 who is the in-charge Coal Marketing Cell of the JSMDC.

(2.) The allegations against the contemnors of committing contempt of this Court's order have been split up in three stages viz. (i) in not issuing the Delivery Order (in short, DO) for coal, (ii) in not providing requisite quality of coal and (iii) in not complying the orders dated 23rd and 24/11/2022 passed in the present proceeding.

(3.) The opposite party nos. 2 and 3 have pleaded that the DO for 75,800 MT coal in favor of the petitioner was issued on 12/10/2022 and time till 26/11/2022 was granted to it for lifting the aforesaid quantity of coal. However, soon thereafter, the petitioner filed a supplementary affidavit raising a grievance about supply of inferior quality of coal and non-supply of coal as per delivery schedule dtd. 13/10/2022. Therefore, on a consideration of the documents which were tendered in course of hearing on 23/11/2022 by Mr. Abhinesh Kumar Singh, I/c Minor Mineral/Additional Charge (Coal) of the JSMDC, this Court issued certain directions to smoothen the process of supply of coal to the petitioner. Simultaneously, a direction was issued to the JSMDC to supply minimum 1500 MT coal to the petitioner and the last date of the DO was extended.