1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.3197 of 2008 [M/s. V.C. Enterprises Vs. The Mah. Small Scale Indus. Dev. Corpn. & another] With Writ Petition No.4145 of 2008 [S.M. Shivhare Vs. The Mah. Small Scale Indus. Dev. Corpn. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. P.N. Kothari, Adv., for the petitioners. Mr. D.N. Kukday, Adv., for respondent nos. 1 and 2. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI,JJ. DATE : 16TH December,2008. Heard Mr. P.N. Kothari, the learned Counsel for the petitioners, and both the petitions seek a common relief, namely restoration of coal supply by respondent no.1. Mr. D.N. Kukday, the learned counsel appearing for respondents, has placed before us a copy of the letter dated 10th November, 2008 addressed by the Govt. of India, Ministry of Coal to the Managing Director, Maharashtra Small 2 Scale Industries Development Corporation Limited, and in the said letter, it has been stated that as per the New Coal Distribution Policy 2007, small and tiny consumers in the erstwhile non-core sectors, whose annual consumption is less than 4200 metric tonnes per annum and are otherwise not having any access to purchase coal or conclude FSA for coal supplies with coal companies, are eligible to get coal through State-nominated agencies. Mr. Kukday, therefore, states that as per this clarification now received by the respondent no.1, supplies to the petitioners could be restored, but it may take some time to finalize the whole process, including the scrutiny to be undertaken. We have noted that the letter dated 10th November, 2008 has been received by the respondent no.1 on 2nd December, 2008 and we, therefore, deem it appropriate that the respondent no.1 is given about four weeks' time to consider and finalize the issue regarding the supply of coal to the petitioners. We, therefore, direct the respondents to take a final decision pursuant to the communication dated 10th November, 2008 received from the Govt. of India for restoration of coal supply to the petitioners, within a period of four weeks from today. We have noted the statement made on behalf of the respondents that the parties, who have already applied, need not 3 submit fresh tenders and the existing applications would be considered. Judge Judge |Hedau|