IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12613 of 2008 M/S G.K.COKE INDUSTRIES Versus THE COAL INDIA LTD.& ORS ----------- 3 26.9.2008 Petitioner had set up a unit for manufacturing Special Smokeless Fuel (SSF) based on technology developed by Central Fuel Research Institute, a Government of India undertaking. For several years petitioner is running from pillar to post for supply of its raw material being coal. Unfortunately, from the time unit was set up, coal supply policy under went a change. Petitioner has come to this Court that he required coal, which has to be supplied to him by some one. Mr. V.M.K.Sinha, learned counsel appearing for Central Coalfields Limited states that as per the new Coal Distribution Policy of the year 2007, petitioner would be a new consumer and would be covered by the provision of clause 5.1 read with clause 6.2 thereof. He must accordingly make an application for Letter of Assurance to the Coal India Limited at the first instance and once Letter of Assurance is granted he could approach any of the Coal Companies being subsidiary of Coal India for lifting its supply. Mr. Raj Kishore Prasad,learned counsel for the petitioner, submits that if one reads clause 5.1, while making an application for Letter of Assurance, the consumer is required to make earnest money deposit, which is contradiction in terms. How can a consumer make earnest money deposit for consuming coal without there being an assurance of coal supply and without any indication of quantity therein. In my view if clauses 5.1 and 6.1 are read in true perspective then a 2 new consumer first to apply for a Letter of Assurance, on basis of the said, it would be allotted one or the other subsidiary Company of Coal India Limited.It would then enter into Fuel Supply Agreement with that company and on basis thereof furnish the earnest money deposit there, as contemplated under clause 5.1. Reading clause 5.1 in this manner along with clause 6.2, there is no confusion now . Mr. V.M.K.Sinha, learned counsel appearing for Coal Company Limited has no objection of such a procedure if follow which emanates from clause 5.1, as held by this Court. In that view of the matter, petitioner is directed to follow the procedure , as indicated above, and comply with the other provisions of the policy to secure to supply of its raw materials. If such an application is made to the Coal India Limited, the same would be taken up and disposed of expeditiously preferably within a period of one month. This disposes of the writ petition. SINGH (Navaniti Prasad Singh , J.)