Delhi High Court - Orders
Union Of India And Anr vs Vedanta Ltd And Ors on 15 May, 2020
Author: Hima Kohli
Bench: Hima Kohli, Asha Menon
$~1 (Special Bench)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 346/2018, CM APPL. 25515/2018, 10335/2020, 10353/2020,
10655/2020
UNION OF INDIA AND ANR. ..... Appellants.
Through: Ms. Maninder Acharya, ASG with
Mr. Amit Mahajan, CGSC
versus
VEDANTA LTD AND ORS ..... Respondents
Through: Mr. C.A. Sundaram and
Mr. Prashanto Sen, Senior Advocates with
Ms. Anuradha Dutt, Mr. Anish Kapur and
Ms. Priyanka, Advocates for R-1 to R-3.
Mr. K. R. Sasiprabhu, Advocate for R4/ONGC
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 15.05.2020 HEARD THROUGH VIDEO CONFERENCING CM APPL. 10655/2020 (by R-1 for modification of the consent order dated 03.07.2018)
1. The present application has been moved by the respondent No.1 praying inter alia for modification of the consent order dated 03.07.2018.
2. We may note that the present matter has been placed before this Bench assuming that it was made part heard vide order dated 23.01.2020. However, the same is not reflected from the order itself. This Bench had not made the matter part heard on the said date, which is apparent from a perusal of the order-sheet. In any event, after the change of roster, the present Bench can only function as a Special Bench, which in our opinion, will further delay the hearing in the appeal particularly since an urgency is being expressed by Mr. C.A. Sundaram, Senior Advocate LPA 346/2018 Page 1 of 2 appearing for the respondent No.1 on the ground that the new contract will kick in on 15.05.2020, i.e., today itself whereunder the appellant/UOI is demanding 10% additional profit from the respondent No.1, which as per the respondent No.1, is not payable.
3. The aforesaid submission is however disputed by Ms. Maninder Acharya, learned ASG appearing for the UOI, who asserts that 10% additional profit would be payable by the respondent No.1 effective from 15.05.2020. She further states that the present application is not merited particularly since the order dated 03.07.2018, was a consent order and the same does not deserve any modification.
4. We have enquired from learned ASG as to when would the amount be payable by the respondent No.1, effective from 15.05.2020. She states that Mr. Amit Mahajan, learned CGSC has obtained instrcutions from Mr. Das, Director General, Hydrocarbons to the effect that the first installment reckoned from 15.05.2020, would be payable on 30.06.2020.
5. In view of the aforesaid submission, we do not find any urgency in the present application, which is directed to be listed before the appropriate Bench along with the appeal on the date fixed, i.e. on 17.06.2020.
6. The parties shall be at liberty to address arguments on the application as well on the said date.
HIMA KOHLI, J ASHA MENON, J MAY 15, 2020/rkb LPA 346/2018 Page 2 of 2