New Delhi: In a major relief to Sesa Sterlite Limited, Delhi High Court today set aside its disqualification by the government from bidding for six coal blocks in Chhattisgarh.
“Let bids of Sesa Sterlite be considered in the facts and circumstances of the case,” a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said.
“Can't understand what is happening with this coal auction,” the bench also observed.
Sesa Sterlite and five other companies have filed petitions challenging their disqualification as well as the bidding procedures in coal auction process.
Sesa Sterlite has challenged its disqualification from bidding for five blocks in Chhattisgarh and one in Jharkhand for their nine 135 mega watt captive power plants.
The coal blocks include Gare Palma IV/1, IV/4, IV/5, IV/7 and Chotia in Chhattisgarh and Kathautia in Jharkhand. Apart from Sesa, Sarda Energy and Minerals Ltd and Usha-Martin have also moved court seeking reasons for their disqualification from the ongoing auction process.
Three others, Monet Ispat, Utkal and Jayaswal Neco Industries Ltd have also challenged the two-phased auction procedure in which 50 per cent of bidders are eliminated after the first round.
According to the government, Sesa had not uploaded the statutory auditors' certificate for its captive power plants. Sesa, represented by senior advocate Kapil Sibal, said it had uploaded the correct statutory auditors certificate with respect to its 135 megawatt captive power plants, but the government mistook it for the certificate of its 600 megawatt independent power plant.
Additional Solicitor General (ASG) Sanjay Jain and advocate Akshay Makhija, appearing for the Coal Ministry, said a clarification was sought from Sesa regarding its certificate, but the company has not provided any documents till date.
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