9911796707
TMI Blog2005 (12) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... Transfer Petition (Civil) No. 510-512/2005, Transfer Petition (Civil) No. 554-557/2005, Transfer Petition (Civil) No. 558-559/2005, Transfer Petition (Civil) No. 470/2005, Transfer Petition (Civil) No. 471/2005, Transfer Petition (Civil) No. 474/2005, Transfer Petition (Civil) No. 477/2005, Transfer Petition (Civil) No. 484/2005, Transfer Petition (Civil) No. 480/2005, Transfer Petition (Civil) No. 479/2005, Transfer Petition (Civil) No. 478/2005, Transfer Petition (Civil) No. 486/2005, Transfer Petition (Civil) No. 503-504/2005, Transfer Petition (Civil) No. 505-509/2005. Transfer Petition (Civil) No. 514-515/2005, Transfer Petition (Civil) No. 516/2005, Transfer Petition (Civil) No. 517-519/2005, Transfer Petition (Civil) No. 520/2005, Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the E-auction scheme and seeking interim protection of their right to get coal at notified prices on the basis of the linkage with Coal India Ltd and its subsidiaries. The various High Courts entertained the writ petitions and passed interim orders in regard to supply of coal at the price payable, pending the disposal of writ petitions filed by the concerned Undertakings. Some of the High Courts directed the linked Undertakings to furnish bank guarantees for the difference in prices or to pay cash or to furnish security for the difference while seeking supply of coal, based on linkage. Being aggrieved by the directions to furnish bank guarantee or pay the price of coal in cash, these petitions for special leave to appeal have been filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nally disposed of so that conflicting decisions and protracted litigation could be averted especially considering that the commodity involved is coal and what is involved is its regular supply to those Undertakings which have linkage with the Coal India Ltd. and its subsidiaries. Notices have been ordered on the petitions for transfer and the petitions for special leave to appeal and a connected appeal in this Court are being posted in the month of January for final disposal. 4. Learned Solicitor General and Mr. Soli J. Sorabjee, learned Senior Counsel appearing on behalf of the Coal India Ltd and its subsidiaries have submitted that some of the companies have not complied with the order of this Court dated 28.10.2005 and in respect of som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest on the amount as fixed by this Court in case the petitioners ultimately succeed in their challenge. 5. Messers K.K. Venugopal, M.L. Verma, Rohington Nariman, learned Senior counsel and host of other counsel appearing for the petitioners resist the prayer by pointing out that the interim order was passed after hearing both sides and there was no justification in varying or modifying the same. Learned Counsel submit that the statements as directed by this Court on 28.10.2005 had been filed by the various Undertakings and it would not be correct to say that the order had not been complied with. It was also not correct to say that the net worth of the companies was not enough and by supplying coal without collecting the difference. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... selves to be small scale industries can be protected by directing them to furnish security for a major part of the enhanced price and accepting the undertaking given on behalf of Coal India Ltd. and its subsidiaries to refund whatever had been paid in excess with interest thereon in case the petitioners succeed in their challenge to the E-auction system introduced by the Coal Companies. Since there is substance in the argument that mere furnishing of security or bank guarantee would not enable Coal India Ltd. and its subsidiaries to carry on their business which it was necessary to do in the interests of the whole Nation, we feel that a direction to pay at least a part of the enhanced price by the petitioners could be justified in the circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the petitioners within 6 weeks of the judgment of this Court with interest thereon at 12% per annum from the date of payment till the date of return to the concerned petitioner. 9. There is a complaint on behalf of the petitioners that coal was not being supplied in spite of interim orders passed by this Court earlier. Of course, this submission is disputed by counsel for the respondents. All the same, we think it appropriate to direct that on the concerned petitioner paying the notified price plus 33 1/3% of the enhanced price as per the E-auction and furnishing security for the balance 66 2/3% of the enhanced E-auction price, and filing the undertaking in this Court within four weeks from today, the coal as per the linkage will be sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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