Mon. Oct 26th, 2020

Monnet Ispat & Energy Ltd vs Sarda Energy & Minerals Ltd & Ors on 5 June, 2015

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1. Aggrieved by the order dated 28th May, 2015 whereby further
extension of time was granted to Respondent No.1 herein M/s Sarda Energy
& Minerals Ltd. (in short ‘Sarda Energy’) for removing the coal stock lying
in the mining area till 30th June, 2015, the Appellant Monnet Ispat & Energy
Limited (in short ‘Monnet Ispat’) prefers the present appeal.
2. The impugned order dated 28th May, 2015 came to be passed in a writ
petition filed by M/s Sarda Energy being W.P. (C) No. 3337/2015 which was
disposed of vide order dated 7th April, 2015 on the consent of M/s Sarda
Energy, the Central Government and Monnet Ispat on the following terms:
3. After the writ petition was disposed of, M/s Sarda Energy filed an
application for extension of time being CM No. 8176/2015 wherein the
learned Single Judge did not grant extension on 6th May, 2015, however
listed the application for 22nd May, 2015. Against the order dated 7th April,
2015 and 6th May, 2015 M/s Sarda Energy filed an appeal before the
Division Bench of this Court being LPA No. 287/2015 which was withdrawn
with liberty to urge all the grounds raised in the appeal before the learned
Single Judge on 14th May, 2015. CM No. 8176/2015 was withdrawn by the
learned counsel for M/s Sarda Energy on 22nd May, 2015. However, after
the withdrawal of CM No. 8176/2015, another application being CM No.
10257/2015 was filed for extension of time on which the impugned order
has been passed wherein the learned Single Judge of this Court considering
the submissions of the parties noted that little leeway would have to be given
in the particular facts and directed M/s Sarda Energy to clear the mining
area on or before 30th June, 2015 failing which Monnet Ispat would be
entitled to trigger the provisions of Clause (e) of the Government of India
order dated 26th March, 2015.

Source: Judgment

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