IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.402 of 2010 1. Bharat Coking Coal Limited Koyla Bhawan, Koyla Nagar, Dhanbad through its Chairman-cum-Managing Director 2. The Chairman-cum-Managing Director, Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad 3. General Manager (Sales and Marketing), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, Dhanbad 4. The Coal India Limited, Coal Bhawan, 10 Netaji Subhas Road, Kolkata -1 through its Chairman 5. The Chairman, Coal India Limited, Coal Bhawan, 10 Netaji Subhas Road, Kolkata -1 6. The Chief Sales Manager (Technical), the Coal India Limited, Coal Bhawan, 10- Netaji Subhas Road, Kolkata -1 Versus 1. M/s Shiv Domestic Coke Pvt. Ltd., a company incorporated under the Indian Companies Act, 1956 having its factory at Industrial Area, Fatwan through one of its Director Shri Jitendra Kumar son of Shri Chandeshwar Prasad. Resident of B-118, Housing Colony, Kankarbagh, P.O. Lohia Nagar, P.S. Kankarbagh, District Patna …… Petitioner/Respondents 2. Union of India, Ministry of Coal, through its Secretary, New Delhi ……………. Respondent With LPA No.403 Of 2010 --- 1. The Central Coalfields Limited, Darbhanga House, Ranchi through its Chairman-cum-Managing Director 2. The Chairman-cum-Managing Director, Central Coalfields Limited, Darbhanga House, Ranchi 3. General Manager (Sales and Marketing), Central Coalfields Limited, Darbhanga House, Ranchi 4. The Coal India Limited, Coal Bhawan, 10-Netaji Subhas Road Kolkata-1 through its Chairman 5. The Chairman, Coal India Limited, Coal Bhawan, 10- Netaji Subhas Road, Kolkata -1 6. The Chief Sales Manager (Technical), the Coal India Limited, Coal Bhawan, 10- Netaji Subhas Road, Kolkata -1 Versus 2 1. M/S Arya Coke Pvt.Ltd., company incorporated under the Indian Companies Act, 1956 having its Head Office at New Coal Distribution Policy Yarpur, Patna through one of its Director Shri Binay Prasad son of late Ram Lakhan Prasad, resident of 101, Kishori Apartment, New Yarpur, P.S. Gardanibagh, District – Patna ……. Petitioner/Respondent 2. Union of India, Ministry of Coal, through its Secretary, New Delhi ….. Respondent ----------- For the appellants: Mr. R.B.Mahto, Sr. Advocate Mr. V.M.K. Sinha, Advocate For the respondents : Mr. Y.V. Giri, Sr. Advocate Mr. Ajit Kumar Sinha, Sr. Advocate Mr. Rajkishore Prasad, Advocate Mr. Tej Bahadur Roy, Advocate --- 2 9/3/2010 The present appeals have been preferred against the order dated 9.2.2010 passed by the learned Single Judge in CWJC. Nos.5862 & 5855 of 2009, whereby the learned Single Judge has directed the Director, Marketing, Coal India Limited to file a specific affidavit with compliance in terms of the direction contained in the order dated 23.12.2009 and remain present in person. Having heard Mr. R.B. Mahto, learned Senior Counsel along with Mr. V.M.K.Sinha, learned counsel for the appellants, Mr. Y.V. Giri and Mr. Ajit Kumar Sinha, learned Senior Counsel, being instructed 3 by Mr. Rajkishore Prasad and Mr. Tej Bahadur Roy, learned counsel for the respondents, we are inclined to direct that the affidavit be filed within a week hence and the Director, Marketing, Coal India Limited need not remain personally present. The learned Single Judge is requested to take up the matter after one week hence. We may further hasten to add that if after perusal of the affidavit by the learned Single Judge it is felt necessary to have the personal presence of the Director, Marketing, Coal India Limited, the learned Single Judge would be well within his domain to so direct for personal presence. With the aforesaid observation, the appeals stand accordingly disposed of. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)