TMI Blog2008 (7) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008 with others - - - Dated:- 18-7-2008 - CIVIL APPEAL NO. 4521 OF 2008 WITH (Civil Appeal No.4529 /2008 @ SLP ( C ) No.11969/2007) (Civil Appeal No. 4524/2008 @ SLP ( C ) No.14039/2007) (Civil Appeal No. 4528/2008 @ SLP ( C ) No.14045/2007) (Civil Appeal No. 4530/2008 @ SLP ( C ) No.14052/2007) (Civil Appeal No. 4525/2008 @ SLP ( C ) No.14636/2007) (Civil Appeal No.4522/2008 @ SLP ( C ) No.15522/2006) (Civil Appeal No. 4526/2008 @ SLP ( C ) No.16286/2007) (Civil Appeal No. 4523/2008 @ SLP ( C ) No. 16982/2006 (Civil Appeal No. 4527/2008 @ SLP ( C ) No. 19728/2007) (Civil Appeal No.4537/2008 @ SLP (C ) No. 12829/2007) JUDGMENT Dr. ARIJIT PASAYAT, J 1. Leave granted. 2. In all these appeals, identical questions ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be avoided. 5. Learned counsel for the respondent submitted that in some cases the concerned Committee has also declined to grant permission and those appeals have become infructuous. In Oil and Natural Gas Commission's case (supra) this Court observed as follows: "5. It is also clarified that even the pending matters before any court or tribunal should also be the subject-matter of the deliberations of the High-Powered Committee. All the matters pending as of today either instituted by the Union of India or any of the public sector undertakings shall within one month from today be referred by the appellant or the petitioner, as the case may be, to the High- Powered Committee. The High-Powered Committee will deal with these matters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te these references. The reference shall be deemed to have been made and become effective only after a notice of the reference is lodged with the said nodal authority. The reference shall be deemed to be valid if made in the case of the Union of India by its Secretary, Ministry of Finance, Department of Revenue, and in the case of public sector undertakings by its Chairman, Managing Director or Chief Executive, as the case may be. It is only after such reference to the High-Powered Committee is made in the manner indicated that the operation of the order or proceedings under challenge shall be suspended till the High-Powered Committee resolves the dispute or gives clearance to the litigation. If the High-Powered Committee is unable to resol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... every Court and every Tribunal where such a dispute is raised hereafter to demand a clearance from the Committee in case it has not been so pleaded and in the absence of the clearance, the proceedings would not be proceeded with." 9. Subsequently, the disputes involving the State Governments and the Public Sector Undertakings have been considered by this Court and one such matter was dealt with in Oil and Natural Gas Corporation Ltd. V. City Industrial Development Corporation, Maharashtra Ltd. And Ors. (2007 (7) SCC 39). 10. It needs to be emphasized that there was actually no rigid time frame indicated by this Court. The emphasis on one month's time was to show urgency needed. Merely because there is some delay in approaching the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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