HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.7136 of 2011 ORDER: The petitioner has entered into an agreement with Singareni Collieries Company Ltd., the 1st respondent herein, for supply of coal for the financial year 2009-10. The respondents agreed to supply 40,140 tonnes of coal. However, the petitioner has purchased only 17,412 tonnes, representing 43% of the agreed quantity. Respondents issued notice dated 5.8.2010 requiring the petitioner to pay penalty of Rs.29,70,695/-. The petitioner stated that the failure to purchase the balance of the quantity was on account of the unprecedented floods in Kurnool and that though repeated representations were made for waiver of the penalty, the respondents did not take any action thereon. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner was required to pay a sum of Rs. 29,70,695/- towards penalty. Through notice dated 5.8.2010, the only ground pleaded is that the petitioner did not lift the agreed quantity. In their representations, the petitioner invoked ‘force majeure’ clause. The question as to whether the facts and circumstances of the case warrant invocation of such clause needs to be verified by the respondents. An early decision in this regard would avoid unnecessary litigation and inconvenience. Hence, the writ petition is disposed of directing the respondents to consider representation dated 9.3.2011 submitted by the petitioner seeking waiver of the penalty and pass appropriate orders within two months from the date of receipt of a copy of this order. Till any orders are passed on the representation, no coercive steps shall be taken by the respondents for recovery of the amount. No costs. ____________________ L. NARASIMHA REDDY,J DATE: 18th March, 2011 pnb