Supreme Court - Daily Orders
Steel Authority Of India Ltd vs State Of Jharkhand on 29 August, 2014
Bench: Dipak Misra, Vikramajit Sen
1
ITEM NO.11 COURT NO.8 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)....../2014
CC No. 13456/2014
(Arising out of impugned final judgment and order dated 07/05/2014
in IA No. 8066/2013passed in WPT No. 7247/2012 passed by the High
Court Of Patna at Ranchi)
STEEL AUTHORITY OF INDIA LTD Petitioner(s)
VERSUS
STATE OF JHARKHAND AND ANR Respondent(s)
(with appln. (s) for c/delay in filing SLP)
Date : 29/08/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE VIKRAMAJIT SEN
For Petitioner(s) Mr. Ranjit Kumsr, SG
Mr. Rajiv Shankar Dvivedi,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Heard Mr. Ranjit Kumar, learned Solicitor General appearing for the petitioner.
Being aggrieved by the order dated 7th May, 2014 passed by the High Court of Jharkhand in I.A.No.8066 of 2013 arising from W.P.(T) No.7247 of 2012, the present special leave petition has been filed.
Signature Not Verified
Be it stated, the Division Bench of the High Court of Digitally signed by Usha Rani Bhardwaj Date: 2014.09.12 Jharkhand in Writ Petition mentioned hereinabove passed an order on 10:34:09 IST Reason:
16th September, 2013 directing as under: 2
“Meanwhile, the stay granted by the order dated 07/12/2012 shall continue to be operative during the pendency and final hearing of this writ petition, on the condition that the Executive Director of the petitioner shall file an undertaking within a period of 8 weeks from today that if this writ petition is dismissed and if any liability of any amount found payable from the petitioner to the State of Jharkhand, they shall pay the said amount with interest within a period of 8 weeks from the date of the order or within such period as mentioned in the final order passed in the writ petition or whichever is earlier. If this undertaking is not filed within a period of 8 weeks from today, the stay granted by the order dated 07/12/2012 shall be deemed to have been vacated automatically.” The application for amendment has been filed by way of an interim application stating that the present petitioner wanted to filed an undertaking in the following terms:
“The Executive Director of the petitioner company shall file an undertaking that in the event the instant Writ Petition is dismissed and if any liability of any amount is found payable from the petitioner to the State of Jharkhand, they shall pay the said amount with interest, subject to any order passed by the Hon'ble Supreme Court in a Special Leave Petition, if filed by the petitioner against such final order within the time stipulated therein.” In our considered opinion, the modification as sought, could have been allowed and accordingly we direct that if the petitioner files an undertaking, in terms of the statement quoted hereinabove, within a period of four weeks, the order of stay passed by the High Court shall remain in force.
With the aforesaid observation, the special leave petition stands disposed of.
(USHA BHARDWAJ) (RENUKA SADANA) AR-CUM-PS (COURT MASTER)