M/S Balaji Trade Zone Private Limited v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1127 of 2015 M/s Balaji Trade Zone Private Limited Company Registered Under The Companies Act 1956 Having Office At Vyapar Vihar Bilaspur (Chhattisgarh) Through Director, Jay Prakash Agrawl, S/o Hament Kumar Agrawal Aged About 37 Years R/o Plot No. 4, Mahima Vihar, Ring Road No. 2, Bilaspur, P.S. Civil Lines, Tahsil & District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. South Eastern Coalfields Limited Through Its Chairman Cum Managing Director, Seepat Road Bilsapur District Bilaspur (Chhattisgarh) 495006

2. Union Of India Through Secretary, Department Of Coal, A- Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi- 110001

3. Director Technical, S.E.C.L. Seepat Road, Sarkanda Bilaspur District Bilaspur (Chhattisgarh)

4. Chief General Manager (Purchase), S.E.C.L. Bilaspur (Chhattisgarh)

5. General Manager, S.E.C.L. Gevra Area, Gevra District Korba (Chhattisgarh)

6. Coal India Limited, Through Chairman Cum Managing Director, 10 Metaji Subhash Marg, Kolkata 700001 Respondents And WPC No. 1093 of 2015 M/s Balaji Coal And Scrap A Proprietorship Firm Having Office At Vyapar Vihar Bilaspur Chhattisgarh Through Its Partner Jay Prakash Agrawal, S/o Hemant Kumar Agrawal Age 37 Years R/o Plot No. 4, Mahima Vihar, Ring Road No. 2, Bilaspur P.S. Civil Lines Tahsil And District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. Coal India Limited, Through Chairman Cum Managing Director, 10 Netaji Subhash Marg, Kolkata 700001

2. South Eastern Coalfields Ltd Through It Chairman Cum Managing Director, Seepat Road Bilaspur District Bilaspur Chhattisgarh

3. Director Technical S.E.C.L. Seepat Road, Sarkanda, Bilaspur District Bilaspur Chhattisgarh

4. Chief General Manager ( Purchase) S.E.C.L. Bilaspur Chhattisgarh

5. General Manager S.E.C.L. Gevra Area, Gevra District Korba Chhattisgarh

6. Union Of India, Through Secretary Department Of Coal A - Wing Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001 ---- Respondents For Petitioners - Shri Pramod Verma, Senior Advocate with Shri Sumit Verma, Advocate and Shri V.C. Ottalwar, Advocate with Shri Alok Bakshi, Advocate for the respective petitioners. For Respondent/State - Shri R.K. Gupta, Dy. A.G. who usually appears and is a panel lawyer for South Eastern Coalfields Limited, is present in the Court For respondent/Union of India Shri N.K. Vyas, Asstt. S.G. Order On Board 02/07/2015 Heard.

1. The petitioners in these two petitions have filed these petitions raising identical grievance. According to the petitioners, they are purchasers of coal under E-auction Scheme. The common grievance of the two petitioners is that after purchase of coal through E-auction when the coal was supplied to their purchasers, those purchasers raised grievance that the quality of coal received by them is inferior than what was agreed to be sold under E-auction. They submit that when this fact was brought to their notice by their purchasers, they have made representations to SECL authorities to enquire into the matter. Their representations however, have remained pending without any decision so far.

2. Looking to the nature of grievance which has been raised at this stage, instead of keeping this matter pending, I am inclined to dispose off these two petitions with the direction to respondent/ SECL through its Chairman cum Managing Director to examine the complaints of the petitioners through its own independent agency and take appropriate decision in accordance with law depending upon the result of the enquiry. Let it be done within a period of three months from the date of receipt of copy of this order. The petitioners be also communicated the fate of their representation.

3. With the aforesaid observations, these petitions are disposed off. Sd/- Manindra Mohan Shrivastava J U D G E Rekha