1 2025:CGHC:12653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1397 of 2025 1 - M/s Rashmi Sponge Iron And Power Industries Pvt. Ltd. A Company Under The Companies Act 1956 And The Companies Act, 2013 (As Applicable), Having Its Registered Office At 90, Industrial Growth Center Siltara Phase-Ii Raipur, Chhattisgarh Through Its Director, Manoj Kumar Agrawal ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of Coal, Shastri Bhavan, New Delhi- 110001, India. 2 - Coal India Limited Through Cmd, Coal Bhavan Premise No. 04 Mar, Plot No. Af- Iii, Auction Area- 1a, New Town, Rajarhat, Kolkata- 700156, West Bengal, India. Digitally signed by RAGHVENDRA JAT 2 3 - South Eastern Coalfields Limited Through Gm (Sales And Marketing), Seepat Road, P.S.- Sarkanda, Bilaspur, District- Bilaspur (C.G.). 4 - South East Central Railways Through Senior Divisional Operation Manager, Bilaspur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Ankit Singhal, Advocate. For Respondent/ UOI : Mr. Ramakant Mishra, DSGI. For Respondent(s)/SECL : Mr. Himanshu Yadu, Advocate on behalf of Mr. Vaibhav Shukla. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/03/2025 1. Learned counsel for respondents would submit that adverse action as proposed against the petitioner has not been taken, the petitioner may submit representation under Clause 16 of FSA before the South Eastern Coalfields Limited (SECL) and an appropriate decision would be taken expeditiously and thus, the present petition is premature. It is also submitted that if the petitioner would be aggrieved by any decision taken on the letters, the petitioner may invoke Clause 16 of the Fuel Supply Agreement (FSA). 3 2. On the other hand, Mr. Ankit Singhal, learned counsel appearing for the petitioner would submit that the petitioner has an apprehension that the bank guarantee submitted by petitioner maybe encashed by the SECL. 3. Heard learned counsel for the parties and perused the documents present on record. 4. Taking into consideration the clause 16 of FSA, the petitioner may submit representation before SECL & the SECL is ready to consider it in an objective manner, therefore, at this stage, this petition is disposed of with liberty to the petitioner to approach the authorities concerned. It is expected that the authorities of SECL shall provide adequate opportunity of hearing to the petitioner. If till date, the bank guarantees submitted by the petitioner have not been encashed, they shall not be encashed till any decision is taken on the representation of the petitioner. 5. With the aforesaid observation(s), this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat