Supreme Court - Daily Orders
Steel Authority Of India Limited vs M/S Tata Projects Limited on 11 August, 2020
Bench: Arun Mishra, B.R. Gavai, Krishna Murari
ITEM NO.6 Court 3 (Video Conferencing) SECTION XIV
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). 8640/2020
(Arising out of impugned final judgment and order dated 01-06-2020
in IA No. 3983/2020 passed by the High Court Of Delhi At New Delhi)
STEEL AUTHORITY OF INDIA LIMITED Petitioner(s)
VERSUS
M/S TATA PROJECTS LIMITED & ANR. Respondent(s)
(FOR I.R. and IA No.65195/2020-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.65196/2020-EXEMPTION FROM FILING
AFFIDAVIT and IA No.65194/2020-PERMISSION TO FILE LENGTHY LIST OF
DATES )
WITH
SLP(C) No. 8822-8823/2020 (XIV)
(FOR I.R. and IA No.67556/2020-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.67557/2020-EXEMPTION FROM FILING
AFFIDAVIT)
Date : 11-08-2020 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. Neeraj Kishan Kaul, Senior Advocate
Mr. Sameer Parekh, Adv
Mr. Lalit Chauhan, Adv
Mr. Tanuj Agarwal, Adv
Ms. Swati Bhardwaj, Adv
Ms. Sonal Gupta, Adv
For M/S. Parekh & Co.
Mr. Maninder Singh, Sr. Adv.
Mr. Santosh Kumar - I, AOR
Bibin Kurian, Adv
For Respondent(s) Mr. Samir Ali Khan, AOR
Mr. Neeraj Kishan Kaul, Senior Advocate
Mr. Sameer Parekh, Adv
Mr. Lalit Chauhan, Adv
Signature Not Verified
Mr. Tanuj Agarwal, Adv
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.08.18
Ms. Swati Bhardwaj, Adv
15:59:40 IST
Reason: Ms. Sonal Gupta, Adv
For M/S. Parekh & Co.
1
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel for the parties at length. The interim order dated 01.06.2020 passed by the High Court at New Delhi in I.A. No. 3983/2020 has been questioned in the present petition. The other petition (SLP (C) No. 8822-8823/2020) has been filed by M/s Tata Projects Ltd. challenging the same order. The High Court by its impugned order has directed Steel Authority of India Ltd. to deposit 50% of the award amount and furnish a bank guarantee for the balance amount.
After hearing learned counsel for the parties, we are of the view that the order deserves to be modified in the facts and circumstances of the case to the extent that the bank guarantee need not be furnished by the Steel Authority of India Ltd. for 50% of the balance amount. As we feel the amount is secured in the hands of the Steel Authority of India Ltd., it need not furnish the bank guarantee. At the same time, the withdrawal of amount shall be subject to furnishing the bank guarantee by respondent No.2 i.e. M/s Danieli Corus B.V. Netherland. An undertaking is to be furnished by M/s Tata Projects Limited to refund the amount in case the appeal is allowed, subject to aforesaid condition, the amount may be withdrawn.
The order is modified to the above extent. The special leave petitions are disposed of.
Pending applications are disposed of.
(MEENAKSHI KOHLI) (JAGDISH CHANDER)
AR-cum-PS ASSISTANT REGISTRAR
2