IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.617 of 2011 M/S Swarnrekha Cokes & Coals (P) Ltd., a company incorporated under Companies Act, 1956 having registered office at M.E. School Road, Jugsalai, Jamshedpur and Factory at Sugouna Basouli, District- Madhubani, Bihar through Rama Shankar Tiwari, S/o Late Ram Dutta Tiwari, RO M.E. School Road, Jugsalai, Jamshedpur….. Petitioner Versus 1. The State of Bihar through Mr. Partho Bhattacharya, Chairman, Coal India Ltd., having its office at 10, Netaji Subhash Road, Kolkata 2. Mr. T.K.Lahari, Chairman-cum-Managing Director, Koyala Bhawan, Koyala Nagar, Dhanbad, Jharkhand 3. Mr. V.K.Sinha, the Chief General Manager (S&M/QC), Bharat Coking Coal Limited; Koyala Bhawan, Koyala Nagar, Dhanbad, Jharkhand…… Opposite Parties. ----------- For the petitioner: Mr. Arbind Kumar Jha, Advocate For the Opp.Parties: M/S Anupam Lal Das and Vishwa Mohan Kr. Sinha, Advocates. ----------- 5. 6.7.2011 Heard learned counsel for the petitioner and learned counsel for the opposite parties. The petitioner claims violation of the order dated 9.9.2010 passed by this Court. By the said interim order this Court had directed that the writ petition being CWJC No. 15087 of 2010 filed by the petitioner be listed along with CWJC No. 14714 of 2010 and further that the interim order passed in the said writ petition shall apply to the writ petition filed by the petitioner also. In CWJC No. 14714 of 2010 by order dated 2 8.9.2010 this Court after considering the submission of learned counsel for the petitioner that suspension of supply of coal can be made under Clause 13, if there is failure to make payment to the Coal Company and further that while the BCCL sought information by 30.6.2010 from the petitioners and others and on which date the replies were filed along with necessary documents but on the very next day identical letters showing complete non-application of mind were issued, as also the fact that they could not insist on certificates from the Directorate of Industries or the District Industries Centers in view of the circular letter dated 9.3.2010 of the Director of Industries not to supervise the utilization of coal or issue any such certificate, while granting time to BCCL to file its counter affidavit, directed that there shall be stay of the impugned letter dated 1.7.2010 including the suspension of supply of coal. Subsequently, the Coal Company withdrew the impugned letter dated 1.7.2010 by letter dated 23/24.9.2010 and decided to resume supply of coal without prejudice to its right to proceed as per Clauses 3 4.4 and 15.1 of F.S.A. On the basis of the same the writ petition being CWJC No. 14714 of 2010 was dismissed as infructuous by order dated 11.10.2010. However, in the case of the petitioner-company by order of the same date, i.e., 11.10.2010 in view of the wider challenge sought by the petitioner, this Court directed the respondents to file a detailed additional counter affidavit. The grievance of the petitioner is that thereafter by order dated 9.11.2010 the F.S.A. agreement of the petitioner was terminated as per Clause 15.1. According to learned counsel for the petitioner the same is in contempt of this Court as it amounts to overreaching this Court and holding the Clause 4.4 to be valid whereas the same was a matter of challenge before this Court. It is evident from the order dated 11.10.2010 passed by this Court that while the letter dated 23/24.9.2010 had been brought to the notice of this Court, this Court had not directed that the Coal Company cannot take appropriate action under Clauses 4.4 and 15.1 of the F.S.A. It is evident that the interim 4 order passed earlier was essentially with respect to non- stoppage of supply to the petitioner-company in terms of the letter dated 1.7.2010. Nothing more can be read in the said interim order than what was stated in it. Thus, no case to proceed under the contempt jurisdiction of this Court is made out. The contempt application is accordingly dismissed. S.Pandey ( Ramesh Kumar Datta, J.)