2022 (10) TMI 188

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....Justice Hima Kohli For the Petitioner(s) : Mr. Rohit Amit Sthalekar, AOR, Mr. Anish Choudhury, Adv., Mr. Anand Kamal, Adv. And Mr. Akash Agarwal, Adv. For the Respondent(s) : Mr. Vikramjit Banerjee, ASG, Mr. B.K. Satija, Adv., Ms. Aakanksha Kaul, Adv., Mr. Ankur Talwar, Adv., Mr. Chinmaee Chandra, Adv., Ms. Swati Ghildiyal, Adv., Mr. Aman Sahani, Adv., Mr. Manik Singh, Adv., Mr. D. Duta, Adv....

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....al which it obtains from e-auctions conducted, inter alia, by the subsidiaries of Coal India Limited. The appellant has stated that after purchasing coal from the second respondent, Northern Coal Fields Limited, through e-auction, the appellant took certain consignments through the Railways of which the destination was the State of Madhya Pradesh. Initially, the second respondent charged a concess....

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....cord." 4 The High Court dismissed the writ petition on the ground that: (i) The terms of e-auction provided that any dispute is arbitrable; and (ii) The appellant was virtually seeking the enforcement of a contract through a writ petition for raising a claim for refund. 5 On both these aspects, we are of the view that the High Court was in error. The appellant is not assert....