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Supreme Court of India 2020-02-07 dismissed

M/S. SKJ COKE INDUSTRIES LTD vs COAL INDIA LTD AND ORS

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

M/s. S.K.J. Coke Industries (formerly Mahabir Coke Industries) contested whether coal supplied by Coal India should be priced at the preferential 'linked rate' or the market-based Liberalised Sales Scheme (LSS) rate. The appellant claimed a 1989 arrangement entitled it to linked pricing. The Supreme Court held the 1989 agreement conferred only coal allocation, not preferential pricing rights. Although the 1996 Linkage Committee treated cokery units as 'linked units' for supply assurance, it separately stipulated pricing would follow rates 'prevalent at any point of time', decoupling price from the fictional linking status. From January 1996, when Coal India was exempted from price control, it could charge LSS rates. The appellants had no vested right to the fixed price. Appeal dismissed.

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Coal Law Administrative Law Price Regulation Statutory Interpretation Public Enterprises Commodity Pricing Contractual Rights

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