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september 2010

Supreme Court of India · 2010-09-15

M/S COAL INDIA LIMITED vs COAL CONSUMERS ASSOCIATION .

Citation / case number
SC 2010/24078
Court
Supreme Court of India
Petitioner
M/S COAL INDIA LIMITED
Respondent
COAL CONSUMERS ASSOCIATION .
Author
ALTAMAS KABIR,A.K. PATNAIK, , ,
Bench
ALTAMAS KABIR,A.K. PATNAIK, , ,

Judgment text excerpt

The Allahabad High Court stayed the order dated 01.07.2010 of Bharat Coking Coal Limited (BCCL) suspending coal supply to 45 industrial consumers, asserting that the suspension lacked adequate justification as no FIR had been lodged against these consumers. The court emphasized the importance of the Fuel Supply Agreement (FSA) clauses, particularly Clause 4.4, which restricts the resale of coal, and noted that the consumers had provided documentation to support the end-use of coal. The court held that the suspension order was arbitrary and violated principles of natural justice.

M/S COAL INDIA LIMITED vs COAL CONSUMERS ASSOCIATION . · Niyam