TaxTMI 
TaxTMI 
2022 (12) TMI 273
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....1962423). Prathiba M. Singh, J.(Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- M/s Lanco Amarkantak Power Limited (hereinafter 'LAPL') against Respondent No.1- Ministry of Coal, Respondent No.2- South Eastern Coalfields Limited (hereinafter 'SECL') as also Respondent No.3- Ministry of Power seeking quashing of the impugned show cause notices dated 22nd November, 2022 issued by SECL. 3. The background of the matter is that a Coal Supply Agreement (hereinafter 'CSA') was signed between the Petitioner and SECL on 28th August, 2013. As per the said agreement the 'Commitment Guarantees' which were given by the Petitioner were converted into 'Security Deposits' which ....
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....e not in NCLT. A total of 17 projects will come under this category i.e. Category A and B from Para 3 (i) and (ii). This list is attached as Annexure-II of these Minutes. ii. Category II: Projects which are only partly commissioned & have been referred to or admitted under NCLT waiting for resolution. A total of 11 projects come under this category. The list is at Annexure-III. iii. Category III: Projects which are at very initial stage of construction and are totally stalled. Such projects have either been ordered to be liquidated or are heading towards liquidation. A total of 6 projects will come under this category. The list is at Annexure-IV." In the Minutes of the said meeting, the power plant of the Petitioner was....
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....hich has issued the show cause notice is Respondent No.2- SECL and not the two Ministries. He, however, points out that insofar as the decision for non-cancellation taken in March, 2019 was concerned, the same related to only PPAs and not Fuel Supply Agreements or Coal supply agreements. It is further submitted by him that the Minutes which are relied upon by the Petitioner dated September, 2019 do not give any further extension beyond 31st March, 2022 to the Petitioner. 8. Mr. Das, ld. Senior Counsel appearing for the SECL has made two-fold submissions. His first submission is that the present writ petition has been filed by an employee of the corporate debtor undergoing CIRP upon being authorised by the Resolution Professional which is....
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....ch other appropriate Writ directing the Respondents - to extend the validity of the Coal Supply Agreements [Annexure P-2 (Colly)] for satisfaction of the Conditions Precedent, till 48 months from date of resolution of the Petitioner; D. Pass such other further orders, as this Hon'ble Court may deem fit & proper, in the facts and circumstances of the present case as also in the interest of justice." 10. A perusal of the prayers in the writ would show that the relief being sought is in respect of two show cause notices dated 22nd November, 2022. It is further prayed that the Respondents ought to act in terms of the office memorandum dated 8th March, 2019 as also 1st October, 2019 and not cancel the CSA. 11. The admitted positio....