IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5330 of 2009 M/S DEO COAL BRIQUETTE Versus THE BHARAT COKING COAL LIMITED ----------- 3 27.11.2009 Heard learned counsel for the parties. Shorn of all other details of the dispute the question boils down to this that the Hon’ble Apex Court in the case of M/s Sushila Chemicals Pvt. Limited and others which is Civil Appeal No. 375 of 2009 vide order dated 22nd January, 2009 has given a direction upon the BCCL to verify, if need be, by inspection whether the unit is running unit and a bona fide unit in whose favour the coal has to be released. All necessary supporting documents or corroboration of the documents are to be produced by them. Learned counsel for the Coal India submits that the petitioner has slept over his right for almost two years and has filed the present writ application thereafter to the effect that they may not be precluded from consideration of his claim they are willing to establish authenticity of the unit on due verification of the documents etc. It is left to the wisdom of the respondents Coal India as to what they would like to do before taking decision. Petitioner has liberty to file all the documents which may be necessary as per demand, for consideration of his claim by the respondents. The respondents would be advised to deal with the matter preferably within three months from the date of filing of - 2 - such documents along with a copy of this order. Let a decision be rendered by the respondents within the time frame as advised above. This writ application stands disposed of with the above liberty and direction. RPS (Ajay Kumar Tripathi,J.)