Supreme Court - Daily Orders
Ashok Paper Mills Kamgar Union vs Union Of India on 8 September, 2015
Bench: Anil R. Dave, Adarsh Kumar Goel
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A.NO. I.A.NOS. 17-20, I.A.NOS. 1, 2 & 5-6 IN I.A. NOS.
19 & 20, I.A.NOS. 1, 2 & 8 IN I.A.NO. 17, I.A.NOS. 1 & 2
IN I.A.NO. 8 IN I.A.NO. 17 AND I.A. NOS. 11-13 IN
I.A.NO. 17
IN
WRIT PETITION (C) No. 174 OF 1991
ASHOK PAPER MILLS KAMGAR UNION Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
WITH
CONTEMPT PETITION (C) NO. 400 OF 2015
IN
WRIT PETITION (C) NO. 174 OF 1991
O R D E R
I.A.NO. I.A.NOS. 17-20, I.A.NOS. 1, 2 & 5-6 IN I.A. NOS. 19 & 20, I.A.NOS. 1, 2 & 8 IN I.A.NO. 17, I.A.NOS. 1 & 2 IN I.A.NO. 8 IN I.A.NO. 17 AND I.A. NOS. 11-13 IN I.A.NO. 17 IN WRIT PETITION (C) No. 174 OF 1991 Writ Petition (C) No. 174 of 1991 had been filed before this Court by Ashok Paper Mills Kamgar Union ventilating its grievances against Ashok Paper Mills Ltd.
The said petition had been disposed of by this Court on 08.07.1996 and by virtue of the said order, a scheme had been framed for the purpose of management of Signature Not Verified Ashok Paper Mills Ltd.
Digitally signed byJayant Kumar Arora Date: 2015.09.10 16:57:15 IST Reason: It appears that some disputes and problems had arisen in the functioning of the mill and, therefore, this Court had appointed a Monitoring Committee to look 2 into the grievances raised by certain parties and the said Committee has also submitted its report on 28.08.2015. The concluding portion of the report is as under :-
“i) The revival of APML should be taken up by the respective Departments in the right earnest.
ii) APML may submit a detailed viable action plan/proposal for settlement of dues of all lenders (viz. SASF, UBI, Kotak Mahindra Bank Ltd. Etc.) at the earliest.
iii) Monitoring Committee agrees
with the report of Technical
Committee and suggests that the
phase-I of the revival scheme be
implemented first and APML should try to achieve 150 TPD production. Only after start of regular and continuous production as per phase-1, phase-II of the scheme, after undertaking techno-economic feasibility study, be submitted for consideration.
iv) APML may approach financial institutions for tying up the working capital requirement after settling outstanding issues with the existing 3 borrowers.
v) Govt. of Bihar has sanctioned concession scheme from the date of commercial production. APML has not yet submitted the papers regarding commercial and continuous production.
APML stated that they have not yet reached the stage of commercial production. As & when they start commercial production, they will inform the State Government.” In view of the fact that the petition has already been disposed of by this Court, in our opinion, it would be just and proper if the grievances ventilated in the aforesaid applications are ventilated before an appropriate forum including the High Court of Patna. We are sure that if any grievance is ventilated before the appropriate forum/High Court, the same shall be looked into by the concerned forum/High Court in accordance with law.
We clarify that simply because this Court had framed the scheme, it would not mean that this Court is going to supervise the functioning of the company and it would be open to the concerned forum/Court to look into the grievances which might be ventilated before it.
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With the aforesaid directions, these applications are disposed of.
CONTEMPT PETITION (C) NO. 400 OF 2015 IN WRIT PETITION (C) NO. 174 OF 1991 Looking at the averments made in the contempt petition, we find that no case for contempt is made out. The Contempt Petition is, accordingly, disposed of.
.......................J. [ANIL R. DAVE ] .......................J. [ADARSH KUMAR GOEL] New Delhi;
September 08, 2015.
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ITEM NO.9 COURT NO.3 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.NO. I.A.NOS. 17-20, I.A.NOS. 1, 2 & 5-6 IN I.A. NOS. 19 & 20, I.A.NOS. 1, 2 & 8 IN I.A.NO. 17, I.A.NOS. 1 & 2 IN I.A.NO. 8 IN I.A.NO. 17 AND I.A. NOS. 11-13 IN I.A.NO. 17 in Writ Petition(s) (Civil) No(s). 174/1991 ASHOK PAPER MILLS KAMGAR UNION Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (for directions and exemption from filing O.T. and permission to appear and argue in person and permission to file additional documents and office report) WITH CONMT.PET.(C) No. 400/2015 In W.P.(C) No. 174/1991 (With appln.(s) for exemption from filing O.T. and Office Report) Date : 08/09/2015 These applications were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Petitioner-in-person For Respondent(s) Ms. Kiran Bharadwaj, Adv.
For Mr. D. S. Mahra, Adv.
Mr. D. Ramakrishna Reddy, Adv.
For Mrs. D. Bharathi Reddy, Adv. Mr. Chandan Kumar, Adv.
For Mr. Gopal Singh, Adv.
Mr. Anand Nandan, Adv.
For Mr. Kaushik Poddar, Adv.
Mr. Navin Prakash,Adv.
Mr. R. D. Upadhyay,Adv.
Mr. Satya Mitra Garg,Adv.
Mr. V. K. Verma,Adv.
M/s. S. Narain & Co.,Adv.
M/s Suresh A. Shroff & Co.
6UPON hearing counsel the Court made the following O R D E R The applications and contempt petition are disposed of in terms of the signed order.
(Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Assistant Registrar (Signed order is placed on the file)