Supreme Court - Daily Orders
National Highway Authority Of India vs M/S. Progressive Mvr(Jv) on 6 April, 2018
Bench: A.K. Sikri, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
M.A.NO.905 OF 2018
WITH
INTERLOCUTORY APPLICATION NO.43671/2018
IN
CIVIL APPEAL NO.458 OF 2018
NATIONAL HIGHWAY AUTHORITY OF INDIA APPLICANT
/APPELLANT(S)
VERSUS
M/S. PROGRESSIVE MVR (JV) RESPONDENT(S)
WITH
M.A.NO.906 OF 2018
WITH
INTERLOCUTORY APPLICATION NO.43656/2018
IN
CIVIL APPEAL NO.460 OF 2018
O R D E R
After hearing learned counsel for the parties, we find that there is a clerical error in paragraph 35 of the judgment dated 23.02.2018. We make it clear that in this paragraph, the relevant line would be read as under:
“while applying price adjustment formula for calculating the price adjustment of bitumen, cement and steel..” It is abundantly clear that the judgment relates not Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date: 2018.04.11 13:11:20 IST only to bitumen but steel and cement as well. Reason:
The applicant had deposited a sum of Rs.20,42,37,559/- (Rupees twenty crore forty two lakhs 2 thirty seven thousand five hundred fifty nine only) in this Court. Since the applicant/appellant succeeded in the appeal, the said amount shall be refunded to the applicant along with interest that has accrued thereupon. Insofar as the amount which was deposited by the applicant/appellant in the execution proceedings in the High Court and withdrawn by the respondent is concerned, a request can be made to the High Court for refund of that amount.
M.A.No.905/2018 & M.A.No.906/2018 are disposed of accordingly.
......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] NEW DELHI;
APRIL 6, 2018.
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ITEM NO.60 COURT NO.6 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A.No.905/2018 in C.A.No.458/2018 NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS M/S. PROGRESSIVE MVR(JV) Respondent(s) (FOR ADMISSION and IA No.43671/2018-MODIFICATION) WITH MA 906/2018 in C.A.No.460/2018 (XIV) (FOR ADMISSION and IA No.43656/2018-MODIFICATION) Date : 06-04-2018 These applications were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr.P.S.Patwalia, Sr.Adv. Mr.Manish K. Bishnoi, Adv. Mr.Devansh Srivastava, Adv. Ms.Isha Haldia, Adv.
Ms.Harshika Verma, Adv. For Respondent(s) Mr.K.Parameshwar, Adv. Mr.Amit Georg, Adv.
UPON hearing the counsel the Court made the following O R D E R Heard.
M.A.No.905/2018 & M.A.No.906/2018 are disposed of in terms of the signed order.
(Ashok Raj Singh) (Mala Kumari Sharma)
Court Master Court Master
(Signed Order is placed in the file)