Delhi High Court - Orders
Vedanta Limited, & Anr vs Government Of India, Through Jt. ... on 9 January, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 5/2017
VEDANTA LIMITED, & ANR. ..... Decree Holders
Through: Mr. Akhil Sibal, Sr. Adv. with Mr.
Aashish Gupta, Ms. Sadhika
Gulati, Ms. Deboshree Mukherjee,
Advocates.
versus
GOVERNMENT OF INDIA, THROUGH
JT. SECRETARY, MINISTRY OF
PETROLEUM AND NATURAL GAS, ..... Judgement Debtor
Through: Mr. K.R. Sasiprabhu, Mr. Tushar
Bhardwaj, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 09.01.2023 EX.APPL.(OS) 3813/2022 (for directions)
1. The petitioner No. 2 seeks termination of an arrangement that was put in place by order dated 29.10.2018, whereby the Oil Marketing Companies ["OMCs"] were directed to deposit the amounts due to the award holder in the Registry of this Court towards securing the claims of the respondent- Union of India ["the Union"].
2. As far as the petitioner No. 2 is concerned, the amount to be secured, as reflected in the order dated 04.05.2020, was USD 35 million in O.M.P.(EFA)(COMM.) 5/2017 and USD 16 million in O.M.P.(EFA)(COMM.) 15/2016.
3. It is undisputed that the disputes in O.M.P.(EFA)(COMM.) 15/2016 have culminated in a judgment of the Supreme Court in favour Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(EFA)(COMM.) 5/2017 Page 1 of 4 Signing Date:10.01.2023 14:56:15 of the award holder, and the aforesaid interim arrangement is no longer operative in respect of the said proceedings.
4. As far as O.M.P.(EFA)(COMM.) 5/2017 is concerned, however, the amounts continue to be deposited by the OMCs in this Court and according to the petitioners, the amounts so deposited are now in excess of the total amount required to be secured by the aforesaid arrangement. By way of this application, petitioner No. 2 therefore seeks the following reliefs:
"a. Pass a direction directing (directly and/or through the Respondent) the 4 oil marketing companies (viz. CPCL, MRPL, GAIL and BPCL) to forthwith directly and unconditionally make payments to the Petitioner No. 2 of all amounts that may become due and payable to the Petitioner No.2;
b. Grant ad-interim relief in terms of prayer clause (a) above; and c. Pass such other or further order(s) and/or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
5. Petitioner No. 1 earlier filed a similar application (EX.APPL.(OS) 379/2020) and an order dated 28.05.2020 was passed granting relief to the petitioner No. 1, subject to the conditions incorporated therein.
6. In the present application, the petitioner No. 2 has placed on record a report of the Registry dated 02.12.2022 which shows that an amount of ₹263,46,55,835.36/- remains deposited, alongwith accrued interest thereupon, after adjusting the amount released to the Government on behalf of the petitioner No. 2. The petitioner No. 2 contends that this amount is equivalent to USD 38,775,764.42/-, i.e. in excess of USD 35 million.
7. Mr. Akhil Sibal, learned Senior Counsel for the decree holders, states that during the pendency of the application, if fact, further funds Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(EFA)(COMM.) 5/2017 Page 2 of 4 Signing Date:10.01.2023 14:56:15 have been deposited by the OMCs on this account and the total principal deposited is now in the region of USD 43 million.
8. Mr. Tushar Bhardwaj, learned counsel for the respondent- Union of India, submits that in principle, the Union has no objection to relief being granted to the petitioner No. 2 on similar terms as was granted to the petitioner No. 1 vide order dated 28.05.2022. However, he seeks some time to verify the aforesaid figures as the calculation of the Union suggests that the amount in deposit as of December, 2022 was to the tune of USD 33 million, instead of the applicant's claim of USD 38 million.
9. Learned counsel for the Union is at liberty to coordinate with the Registry to verify the aforesaid position. In the event the Union contests the figures reported by the Registry in the report dated 02.12.2022, it may file an affidavit in the present application by 20.01.2023.
10. List on 25.01.2023.
EX.APPL.(OS) 3/2023
1. Mr. Tushar Bhardwaj, learned counsel for the respondent, seeks time to verify the figures given in the application.
2. List on 25.01.2023.
3. No coercive action will be taken against the petitioner No. 2 in the meantime in respect of the dues of profit petroleum. EX.APPL.(OS) 14/2023
1. This is an application filed by the petitioner No. 1 for placing on record an amendment to the bank guarantee whereby the term of the bank guarantee has been extended until 03.01.2024.
2. Mr. Tushar Bhardwaj, learned counsel for the respondent, has no objection to the application. The application is allowed and the amended Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(EFA)(COMM.) 5/2017 Page 3 of 4 Signing Date:10.01.2023 14:56:15 bank guarantee be placed on record, subject to verification.
3. List before the Joint Registrar on 19.01.2023 for verification.
PRATEEK JALAN, J JANUARY 9, 2023/'Bhupi'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(EFA)(COMM.) 5/2017 Page 4 of 4 Signing Date:10.01.2023 14:56:15