IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4460 of 2011 M/S Bandana Fuel Industries, a proprietorship concern having its factory at Shankarpur, Sikariyan, Dehri-on-Sone, District Rohtas (Sasaram) Bihar through its Manager Sri Binod Singh, S/o Sri Jai Mangal Singh, R/o New Delian, P.O. Dehri-on-Sone, P.S. Dehri, District Rohtas, Sasaram, Bihar. ……. Petitioner. Versus 1. Coal India Limited, through its Chairman, having its office at 10, Netaji Subash Road, Calcutta. 2. The Bharat Coking Coal Limited through its Chairman cum- Managing Director, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkand. 3. The Chief General Manager (S & M), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand. ……… Respondents. With CWJC No.6754 of 2011 M/S Bihar Fuel Industries, having it Head Office at Barun Industrial Area, At + P.O. Barun District-Aurangabad, Bihar through its Partner Sri Krishna Sharma, S/o Late Ram Ratan Sharma resident of Pani Tanki, Dehri- On-Sone, P.S. Dehri, District- Rohtas, Sasaram, Bihar. …… Petitioner. Versus 1. Coal India Limited, through its Chairman, having its office at 10, Netaji Subash Road, Calcutta. 2. The Bharat Coking Coal Limited through its Chairman cum- Managing Director, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkand. 3. The Chief General Manager (S & M), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand. ……… Respondents With CWJC No.7436 of 2011 M/S Swarnrekha Coke & Coals (P)Ltd., a company incorporated under Companies Act, 1956 having registered office at M.E. School Road, P.S. Jugsalai, District- Jamshedpur and Factory at Sugouna Basouli, PS. Rahika, District- Madhubani, Bihar through Rama Shankar Tiwari, Managing Director S/o Late Ram Dutta Tiwari, R.O. M.E. School Road, P.S. Jugsalai, District-Jamshedpur. ……. Petitioner. Versus 1. Coal India Limited, through its Chairman, having its office at 10, Netaji Subash Road, Calcutta. 2. The Bharat Coking Coal Limited through its Chairman cum- Managing Director, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkand. 3. The Chief General Manager (S & M), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad, Jharkhand. ……… Respondents. ----------- - 2 - For the petitioner (In all the cases) : Mr. Arbind Kumar Jha, Advocate. For the respondents (In all the cases) : Mr. Vishwa Mohan Kumar Sinha, Advocate. ------------ 06/ 12.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents in all these cases. 2. These writ petitions have been filed by the petitioners challenging letter dated 09.11.2010 by which Fuel Supply Agreement dated 30.06.2008 was terminated with reference to clause 4.4. of FSA Agreement. The petitioners have also sought striking down of clause 4.4. of FSA Agreement dated 30.06.2008 claiming that it is hit by Article 14 of the Constitution read with Section 23 of the Contract Act as it restrains the petitioners from exercising lawful trade or business and for other ancillary reliefs. 3. The petitioners- units were registered under the Bihar Finance Act, 1981 and were allocated certain quantity of ROM Coal per month from BCCL on ad hoc basis for a period of six months and the time was extended from time to time on verification. However by letter dated 08.06.2010, the respondent – Chief General Manager of Bharat Cooking Coal Limited requested the General Manager, District Industries Centre, Rohtas to issue utilization certificate with reference to petitioners’ units and also issue notices to the petitioners for producing documents. Thereafter the supply of the petitioners were suspended by the respondents authorities vide letter dated 01.07.2010 against which - 3 - the petitioner Bandana Fuel Industries & anr. filed CWJC No.14714 of 2010 and as an interim measure this court vide order dated 08.09.2010 stayed the suspension. The respondents moved the Apex Court, but the Apex Court affirmed the order of the High Court which is reported in (2010) 10 SCC 395. In the meantime, the respondents-authorities withdrew the suspension on 24.09.2010 and accordingly the aforesaid writ petition bearing CWJC No.14714 of 2010 was dismissed as infructuous vide order dated 11.10.2010 (Annexure-R/8). Thereafter by the impugned order dated 09.11.2010, the respondents-authorities terminated the Fuel Supply Agreement dated 30.06.2008 with reference to clause 4.4. of FSA Agreement. The petitioners have specifically stated that no notice or information or any opportunity of hearing was given to the petitioners before passing the said order. 4. On the other hand, learned counsel for the respondents did not dispute the aforesaid fact, but stated that there were altogether 45 industries and many industries out of them approached the Allahabad High Court, one of which was Writ Petition No.72707 of 2010 filed by M/s Ashutosh Industries and the Allahabad High Court vide its order dated 03.03.2011 allowed the said writ petition, quashed order dated 09.11.2010 with certain directions. He further submits that the said order of the High Court has been affirmed by the Apex Court in Petition for Special Leave to Appeal (Civil) No.8514 of 2011 vide order dated 08.04.2011 giving further time to the Industries to file their additional documents and additional representation, if any, and also directing - 4 - Bharat Cooking Coal Limited to dispose of the matter within four weeks from that date. 5. Considering the entire facts and circumstances of these cases as well as the materials on record and the documents of the parties, these writ petitions are allowed. The impugned order of the Bharat Cooking Coal Limited dated 09.11.2010 is quashed. However, the respondents Bharat Cooking Coal Limited and its authorities will be at liberty to pass fresh orders in accordance with law as well as in accordance with the decision of the Supreme Court after giving liberty to the petitioners to place their cases and documents. Petitioners are directed to submit their reply before the Chief General Manager (S & M) Bharat Coking Coal Limited, Dhanbad (respondent no.3) within fifteen days from today. If the respondents-authorities require the petitioners to supply any additional paper/reply, they shall intimate the petitioners with respect to the same in writing within two weeks thereafter in response to which the petitioners may submit such additional documents/reply within fifteen days thereafter. The respondent concern, namely respondent no.3, the Chief General Manager (S&M), Bharat Coking Coal Limited, Dhanbad shall pass a reasoned and speaking order in accordance with law especially the law settled by the Supreme Court after considering the replies and materials produced by the petitioners within ten weeks of the completion of pleadings. Sunil (S. N. Hussain, J.)