Chairman Coal India Limited v. Dhaneshwari Enterprises
2004-05-11
body2004
DigiLaw.ai
ORDER 1. Heard. 2. The delay in filing this civil revision application is condoned. 3. This revision application is directed against the order dated 26.7.01 passed by the District Judge, Patna in Misc. appeal no. 42/01 whereunder by way of interim order direction to supply coal at the notified rate of the assessed quantity was issued against the petitioners in order to maintain parity with other plaintiffs of Title Suit no. 29/01. 4. Respondent 1st set alongwith respondent 2nd set herein filed Title suit no. 29/01 in the court of Subordinate Judge XIII, Patna praying inter alia that they are registered firms and they have established factories after substantial investments for manufacturing various products and they require coal as raw material for undertaking production of the finished products in their factories. The coal is supplied by the defendant petitioner under linkage system at notified rate and not under their open sale scheme. The supply of coal was stopped which led the respondent 1st set and the respondent 2nd set to file Title suit no. 29/01 praying interalia that supply of coal by the defendant-petitioner should be restored. The aforesaid Title Suit no. 29/01 was heard on the question of injunction and under the orders dated 2.3.01 the prayer of the respondent 1st set for grant of injunction was rejected. However, while rejecting the prayer of respondent 1st set the prayer for grant of injunction in favour of respondent 2nd set was allowed. Against the order dated 2.3.01 two appeals were filed : one by the defendant-petitioner bearing Misc. Appeal no. 34/01 and the other by the respondent 1st set i.e. Misc. Appeal no. 42/01. In the Misc. appeal no. 42/01 filed by the respondent 1st set, District Judge, Patna under order dated 26.7.01 directed as an interim order to maintain the supply of coal at the requisite rate of the assessed quantity so as to maintain parity with other plaintiffs of Title suit no. 29/01. It is against this order dt.26.7.01 the present civil revision is directed. Perusal of the order dated 26.7.01 would indicate that same has been passed only to maintain parity with other plaintiffs in whose favour order dt.2.3.01 was passed directing supply of coal to them. 5. In Misc. appeal no.
29/01. It is against this order dt.26.7.01 the present civil revision is directed. Perusal of the order dated 26.7.01 would indicate that same has been passed only to maintain parity with other plaintiffs in whose favour order dt.2.3.01 was passed directing supply of coal to them. 5. In Misc. appeal no. 34/01 initially the order of status quo dt.13.6.01 was passed in favour of the respondent of the said appeal (respondent 2nd 1 set of this appeal) which status quo order was assailed in C.R. no. 171/01 and under orders dt.14.5.02 the said status quo order was set aside. It appears that during the pendency of C.R. no.171/01 order dt.26.7.01 was passed in Misc. appeal no. 42/01 directing supply of coal even to respondent 1st set so as to maintain parity with the respondents of Misc. Appeal no. 34/01. Interim order of status quo passed in Misc. Appeal no. 34/01 which is the basis of the impugned order of this appeal was set aside, under order' dated 14.5.02 passed in C.R. no. 171/02 holding that while passing status quo order the appellate court committed material irregularity in exercise of the jurisdiction vested in it. Similar reasons which persuaded this Court to set aside the interim order dt.13.6.01 passed in Misc. appeal no. 34/01 should also apply with full force while sustaining challenge made in this civil revision filed against the order dt.26.7.01. Beside respondent 1st set are not entitled to any relief on the ground that the order dt.26.7.01 passed in the case of the respondent 2nd set Misc. appeal no. 34/01 has already been set aside under order dt.11.5.04 in C.R. no. 1258/02 and those reasons equally apply to this case. As such for both the aforesaid reasons this revision application is required to be allowed and the order dt.26.7.01 which has been passed only to maintain parity with other plaintiffs of Title suit no. 26/01 (respondent 2nd set) is required to be set aside. It is accordingly set aside.