Supreme Court - Daily Orders
M/S. La Opala (R.G.) Limited vs Jharkhand Urja Vikas Nigam Limited ... on 8 September, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Uday Umesh Lalit
ITEM NO.601 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
Petition(s) for Special Leave to Appeal (C) No(s). 25604/2015
(Arising out of impugned judgment and order dated 12/08/2015 in LPA
No. 431/2015 passed by the High Court of Jharkhand at Ranchi)
M/S. LA OPALA (R.G.) LIMITED Petitioner(s)
VERSUS
JHARKHAND URJA VIKAS NIGAM LIMITED (EARLIER - JHARKHAND
STATE ELECTRICITY BOARD) & ORS. Respondent(s)
(With appln(s) for exemption from filing O.T. and permission to
file additional documents and interim relief)
Date : 08/09/2015 This petition was taken up in mentioning 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.
Mr. Siddhartha,Adv.
Ms. Pooja Dhar,Adv.
Mr. Shivendra Singh,Adv.
For Respondent(s) Mr. Ajit Kumar, Addl. Advocate General
Mr. Navin Kumar,Adv.
Mr. Mukesh Kr. Sinha,Adv.
Mr. Aabhas Parimal,Adv.
Ms. Aparajita Bhardwaj,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Taken on Board.
Heard Mr. Krishnan Venugopal, learned senior counsel appearing for the petitioner and Mr. Ajit Kumar, learned Additional Advocate General appearing for the respondents.
In the light of our orders passed in similar matter [SLP(C) Signature Not Verified No.23632/2015] on 24.8.2015, we are of the view that the same Digitally signed by Narendra Prasad Date: 2015.09.08 relief should be granted to the petitioner as well in this special 17:03:40 IST Reason:
leave petition.1
However, learned Additional Advocate General brought to our notice that as against a sum of Rs.27,97,590/- noted by the Division Bench as the principal amount payable by the petitioner, as per the revised calculation of the respondent/Board in its proceeding dated 4.9.2015, the principal amount worked out to a sum of Rs.38,87,518/-.
By virtue of subsequent orders passed by the Division Bench on 31.8.2015, the petitioner stated to have already deposited a sum of Rs.14,00,000/- on that date. Therefore, while giving opportunity to the petitioner to ascertain the correctness of the claim now raised by the Board in the proceeding dated 4.9.2015 before the Division Bench of the High Court, as regards the principal amount and while affirming the interim order of the Division Bench dated 12.8.2015 as modified in the order dated 31.8.2015 granting stay in favour of the petitioner, we only modify the condition imposed therein as regards the payment of Delayed Payment Surcharge (DPS) by granting absolute stay in favour of the petitioner. As far as principle amount is concerned, the petitioner is permitted to deposit a further sum of Rs.14,00,000/- out of the remaining balance of Rs.24,87,518/- within a period of two weeks from today and the balance sum of Rs.10,87,518/- within two weeks thereafter.
Subject to compliance of the payment of the above amount of Rs.24,87,518/- within the due dates mentioned in this order, the interim order shall continue to operate.
The special leave petition is, accordingly, disposed of.
(NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
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