Supreme Court - Daily Orders
Batliboi Environmental Engineers Ltd. vs Hindustan Petroleum Corp. Ltd. on 18 October, 2023
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 2193/2023
IN
CIVIL APPEAL NO. 1968/2012
BATLIBOI ENVIRONMENTAL NON-APPLICANT(S)/APPELLANT(S))
ENGINEERS LTD
VERSUS
HINDUSTAN PETROLEUM APPLICANT(S)/RESPONDENT(S)
CORPORATION LIMITED & ANR.
O R D E R
Ms. S. Lakshmi Iyer, counsel appearing on behalf of the non- applicant/appellant – M/s Batliboi Environmental Engineers Limited (BEEL), who is present in the Court on advance notice, states that the payment of the principal amount, along with interest at the rate of 8% per annum, will be made to the applicant/respondent(s) – M/s Hindustan Petroleum Corporation Limited (HPCL) & Anr. within a period of five weeks from today.
We accept the suggestion and direct that the interest will be payable from the date on which the payment was received by the non- applicant/appellant - BEEL, and in case any amount was refunded, on pro rata basis, the amount retained by them. Signature Not Verified Digitally signed by SWETA BALODI
The interest amount deposited by the applicant/respondent(s) - Date: 2023.10.19 17:20:03 IST Reason: HPCL with the Registry, which has not been paid to the non- applicant/appellant – BEEL, can be withdrawn by the 2 applicant/respondent(s) – HPCL & Anr, along with interest accrued, if any.
Upon the payment being made by the non-applicant/appellant - BEEL, the bank guarantee will be cancelled/released. In case of non-payment within 5 weeks, the non- applicant/appellant – BEEL shall pay interest at the rate of 18% per annum, on the amount paid and retained on pro rata basis, till the refund.
The miscellaneous application is disposed of.
............................J. (SANJIV KHANNA) ............................J. (PAMIDIGHANTAM SRI NARASIMHA) NEW DELHI;
OCTOBER 18, 2023.
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ITEM NO.19 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 2193/2023 in C.A. No. 1968/2012
(Arising out of impugned final judgment and order dated 21-09-2023 in C.A. No. 1968/2012 passed by the Supreme Court of India) BATLIBOI ENVIRONMENTAL ENGINEERS LTD. NON-APPLICANT(S)/APPELLANT(S) VERSUS HINDUSTAN PETROLEUM CORP. LTD. APPLICANT/RESPONDENT(S) (FOR ADMISSION and IA No.205310/2023-APPROPRIATE ORDERS/DIRECTIONS ) Date : 18-10-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For non-applicant/appellant(s) Mr. Shyam Divan, Sr. Adv.(N/P) Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Mr. Akshya Ringe, Adv.
Ms. S. Lakshmi Iyer, Adv.
Mr. Uday Aditya Banarjee, Adv. Mr. E.C. Agarwala, Adv.
For applicant/respondent(s) Mr. Sanjay Kapur, AOR Mr. Surya Prakash, Adv.
Mr. Devesh Dubey, Adv.
Mr. Arjun Bhatia, Adv.
Ms. Divya Singh Pundir, Adv.
UPON hearing the counsel, the Court made the following O R D E R The miscellaneous application is disposed of in terms of the signed order.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)