(1.) Heard learned counsel for the parties.
(2.) Petitioner, M/s Adhunik Power and Natural Resources Limited( herein after referred to as A.P.N.R.L) has sought a declaration that the respondent-Central Coalfields Limited (herein after referred to as 'CCL') cannot adjust and / or recover the alleged outstanding amount of Rs.13,46,66,861.42 of its Group Company M/s Adhunik Alloys and Power Limited (hereinafter to be referred to as 'A.A.P.L') from the Bank Guarantee amount of the petitioner Company lying with the Respondent-CCL pursuant to the Fuel Supply Agreement and / or Memorandum of Understanding for Supply of Coal dated 22.7.2015 (Annexure-3) It has also sought quashing of the letter dated 29.7.2016 issued by the Respondent no.2 to the Respondent-Bank for encashment of the Bank Guarantees of the petitioner, as being wholly arbitrary, illegal and an act of egregious fraud. It has sought restrainment upon CCL from adjusting and / or recovering the outstanding amount of Rs. 13,46,66,861.42 being the alleged dues of its Group Company M/s Adhunik Alloys and Power Limited.
(3.) The relevant facts pleaded by the parties and necessary to be noticed for adjudication of the issue, are being referred to hereinafter in brief:-