Supreme Court - Daily Orders
M/S. Maithan Coal Co. Pvt. Ltd. Etc. Etc. vs Jharkhand Urja Vikas Nigam Ltd. ... on 5 October, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
ITEM NO.34 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (C) Nos. 28085-28087/2015
(Arising out of impugned final judgment and order dated 04/09/2015
in LPA No. 484/2015, LPA No. 482/201 and LPA No. 483/2015 passed by
the High Court of Jharkhand at Ranchi)
M/S. MAITHAN COAL CO. PVT. LTD. ETC. ETC. Petitioner(s)
VERSUS
JHARKHAND URJA VIKAS NIGAM LTD.
(EARLIER-JHARKHAND STATE ELECTRICITY
BOARD) AND ORS. Respondent(s)
(With prayer for interim relief and office report)
Date : 05/10/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Krishnan Venugopal, Sr. Adv.
Ms. Pooja Dhar, A.O.R.
Mr. Siddhartha, Adv.
Mr. Uday Rathore, Adv.
For Respondent(s) Mr. Ajit Kumar, Sr. Adv. & AAG
Mr. Himanshu Shekhar, A.O.R.
Mr. Navin Kumar, Adv.
Ms. Aparajita Bhardwaj, Adv.
Mr. Aabhas Parimal, Adv.
UPON hearing counsel the Court made the following
O R D E R
Heard Mr. Krishnan Venugopal for the
petitioners, Mr. Ajit Kumar, learned Additional
Signature Not Verified
Advocate General for the respondent-State along
Digitally signed by
Kalyani Gupta
Date: 2015.10.08
17:40:47 IST
Reason: with Mr. Himanshu Shekhar, Advocate-on-Record.
In identical matters, we have disposed of the Special Leave Petitions by our earlier order dated 24th August, 2015 passed in SLP(C) NO. 23632 of 2015. At page B of this Special Leave Petition, the petitioner has furnished the detail about the LPA Number, the principal amount payable, the delayed payment, surcharge determined and the total liability of all the six petitioners. The said statement is as under:-
Petitioner LPA Principal DPS Total Petitioner No. 1 482/15 Rs.2,21,716/- Rs. 5,92,089/- Rs. 8,13,805/- Petitioner No. 2 483/15 Rs.1,47,554/- Rs.4,18,657/- Rs.5,66,211/- Petitioner No. 3 483/15 Rs. 61,659/- Rs.1,91,143/- Rs. 2,52,802/- Petitioner No. 4 484/15 Rs.1,65,180/- Rs.4,25,582/- Rs.6,29,273/- Petitioner No. 5 484/15 Rs. 2,90,938/- Rs. 9.26,944/- Rs. 12,17,882/-
Petitioner No. 6 484/15 Rs.14,77,687/- Rs.50,99,984/- Rs.65,77,671/-
Rs.3,24,878/- Rs.10,75,375/- Rs.14,00,253/- It is also affirmed by the petitioners that the principal amount has already been paid in all the cases. We are only, therefore, concerned with the demand relating to the delayed payment of surcharge. Inasmuch as we have granted relief with regard to the delayed payment surcharge in our earlier orders commencing from our order dated 24 th August, 2015, the said benefit is extended to the petitioners herein as well. We are, therefore, while disposing of these Special Leave Petitions, pass the following order:-
Issue now lies in a narrow compass as to the manner of working out all the liability of the petitioners towards payment of fuel surcharge as well as delayed payment surcharge. The issue is now pending before the Division Bench in the Letters Patent Appeal. Pending consideration of the main Letters Patent Appeal, since the petitioners have already deposited the principal amount as per the above statement, the fuel surcharge and the delayed payment surcharge can be left to be ascertained and determined by the Division Bench while examining the correctness of the Bills which are under challenge in the Letters Patent Appeal. The payment of fuel surcharge and delayed payment surcharge shall depend upon the ultimate order to be passed by the Division Bench.
With the above limited relief in favour of the petitioners, these Special Leave Petitions stand disposed of.
[KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTER