1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 3043/2010. M/s. Shubham Trading Company and another. -VERSUS- Mah. State Power Generation Co. Ltd., Mumbai and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 13, 2011. Heard Shri R.S. Sundram, learned Counsel for petitioner and Shri A.D. Mohgaonkar, learned Counsel for respondents. After hearing the respective counsel, we find that even if the grievance of petitioners is presumed to be correct, it is a case of breach of contract and effort before this Court is to have it specifically enforced. According to respondents, extension was once granted to lift the coal reject and as it was not lifted within that time, exercising powers under the Contract, the Contract has been terminated. 2 According to Shri Sundram, learned Counsel for petitioners, the termination is in breach of principles of natural justice. The other question is about the petition as filed by the petitioner no.1 along with petitioner no.2. According to Shri Mohgaonkar, learned Counsel, the petitioner no.2 has not consented for filing of any such petition and is not interested in prosecuting such petition. According to Advocate Sundram, petitioner no.2 has assigned the contract in favour of petitioner no.1 and hence petitioner no.1 has filed a common petition raising a common grievance in relation to two contracts by which the petitioners are/were entitled to coal material reject. It is therefore, apparent that dispute is of civil nature and arise out of a contract between the parties. Hence, with liberty to file civil proceedings before the Competent Court, present petition is disposed of. No costs. JUDGE JUDGE Rgd