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Supreme Court - Daily Orders

State Of Karnataka vs Mineral Enterprises Private Limited on 18 October, 2024

Author: Sanjay Kumar

Bench: Sanjay Kumar

     ITEM NO.23                                COURT NO.2                  SECTION IV-A

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

                      Petition for Special Leave to Appeal (C) Nos. 3585-3586/2024

     (Arising out of impugned final judgment and order dated 10-08-2023
     in WP No. 11912/2023 and 04-10-2023 in WP No. 11912/2023 passed by
     the High Court of Karnataka at Bengaluru)

     STATE OF KARNATAKA & ORS.                                         Petitioner(s)

                                     VERSUS
     MINERAL ENTERPRISES PRIVATE LIMITED & ANR.                        Respondent(s)

     (FOR ADMISSION)

     Date : 18-10-2024 These matters were called on for hearing today.

     CORAM :                HON'BLE MR. JUSTICE SANJIV KHANNA
                            HON'BLE MR. JUSTICE SANJAY KUMAR

     For Petitioner(s)                 Mr. Devadatt Kamat, Sr. Adv.
                                       Mr. Nishanth Patil, A.A.G.
                                       Mr. V.N. Raghupathy, AOR
                                       Mr. Harsh Pandey, Adv.
                                       Mr. Omkar Kambi, Adv.
                                       Mr. Ayush P. Shah, Adv.
                                       Mr. Vignesh Adithiya S, Adv.
     For Respondent(s)
                                       Mr. Dushyant Dave, Sr. Adv.
                                       Mr. Aditya Narayan, Adv.
                                       Mr. Rohit Sharma, Adv.
                                       Ms. Pratiksha Nagayach, Adv.
                                       Mr. Nikhil Purohit, Adv.
                                       Mr. Jatin Lalwani, Adv.
                                       Ms. Shweta Shrimal, Adv.
                                       Mr. Rohit Amit Sthalekar, AOR

                             UPON hearing the counsel the Court made the following
                                                O R D E R

Several attempts have been made to sell the iron ore fines at the rate of Rs.2,725/- per metric tonne. However, the attempts have failed. It does appear that the prices have fallen. Signature Not Verified Digitally signed by Deepak Guglani Date: 2024.10.19

We have also examined the status report/affidavit filed on 17:20:49 IST Reason: behalf of the State of Karnataka, as well as, the respondent, 1 Mineral Enterprises Private Limited1.

In these circumstances, we permit the MEPL to sell the iron ore fines at the base price, which may be fixed by the MSTC Limited. The base price will be indicated by the State of Karnataka to the respondent, MEPL, within a period of ten days from today. Sale will be made within a period of 15 days from the date the base price is indicated. In case, the sale cannot be made within the said period, it will be open to the respondent, MEPL to approach the State of Karnataka for re-fixation of the base price. Thereupon, again the sale will be attempted within a period of 15 days from the date of communication of the base price.

If even after the two attempts made by the respondent, MEPL, the entire quantity of iron ore fines is not sold/disposed of, the State of Karnataka will then undertake the sale through e-auction in a transparent manner. The base price fixed by the State of Karnataka will be informed to the respondent, MEPL.

The State Government will issue necessary permits/approvals within a period of 5 days from the date of sale, intimated by MEPL.

The sale proceeds will be deposited in the escrow account as already directed. The amount deposited in the escrow account will abide by the direction/result in I.A. no. 124132/2022 in Writ Petition no. 562/2009 titled “Samaj Parivartan Samudaya & Ors. vs. State of Karnataka & Ors.”.

Re-list in the week commencing 20.01.2025.

(DEEPAK GUGLANI)                                                 (R.S. NARAYANAN)
   AR-cum-PS                                                   ASSISTANT REGISTRAR

1       “MEPL”, for short

                                             2