Supreme Court - Daily Orders
The M.P. State Mining Corporation ... vs Ajit Kumar on 21 November, 2022
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
ITEM NOS. (56 + 61) COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO. 8551/2022
THE M.P. STATE MINING CORPORATION LIMITED APPELLANT(S)
VERSUS
AJIT KUMAR & ORS. RESPONDENT(S)
(IA No.176645/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.176646/2022-EX-PARTE STAY and IA No.174988/2022-
EXEMPTION FROM FILING O.T. and IA No.176644/2022-EXEMPTION FROM
FILING O.T. and IA No.174986/2022-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES )
WITH
C.A. NO. 8459/2022 (XVII)
( IA No.174581/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.174584/2022-EX-PARTE STAY and IA No.174582/2022-
EXEMPTION FROM FILING O.T. and IA No.175586/2022-PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
ITEM NO.61
CIVIL APPEAL NO. 8570/2022
([TO BE TAKEN UP ALONG WITH ITEM NO.56 I.E. C.A. No. 8551/2022.]
(IA No.177258/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.177259/2022-EX-PARTE STAY and IA No.177257/2022-
EXEMPTION FROM FILING O.T. and IA No.177067/2022-PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )
Date : 21-11-2022 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE J.K. MAHESHWARI
For Appellant(s) Mr. Tushar Mehta, Sr. Adv.
Mr. Sachin Verma, Adv.
Ms. Sugandha Anand , AOR
Signature Not Verified
(In C.A. No. 8551/2022)
Digitally signed by
NIRMALA NEGI
Date: 2022.11.23
18:04:03 IST
Reason: Mr. Maninder Singh, Sr. Adv.
Mr. Mayank Pandey, AOR
Mr. Ashish Kumar Pandey, Adv.
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Mr. Prabhas Bajaj, Adv.
Ms. Ashita Chawla, Adv.
Mr. Ajay Sabharwal, Adv.
Mr. Raghav Tewari, Adv.
(In C.A. No. 8570/2022)
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Mayank Pandey, AOR
Mrs. Misha Rohatgi, Adv.
Mr. Ashish Kumar Pandey, Adv.
(In C.A. No. 8459/2022)
For Respondent(s) Mr. Siddharth Dave, Sr. Adv.
Ms. Sadapurna Mukherjee, Adv.
Mr. Rajat Mittal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Issue notice, returnable in the month of March, 2023. Notice is accepted by Mr. Rajat Mittal, advocate-on-record for the respondents.
The M.P. State Mining Corporation Limited is one of the appellants. We are informed that the new DSR has been approved by SEIAA on 23.05.2022. A number of other contentions are raised. Looking at the controversy in question and also to ensure that sand is available and does not run out of stock, we stay the operation of the impugned judgment/order and direct as under:
(i) M/s Euphoria Mines and Minerals and M/s Pushpa Enterprises will furnish an undertaking before this Court, and also furnish a bank guarantee equivalent to 15% of the bid amount stating that in case these appeals fail, they will be liable to pay the difference between their bid amount and the bid amount received by the State/ Corporation on issuance of fresh NITs.
(ii) The undertakings will be given by the partners/proprietors of 2 M/s Euphoria Mines and Minerals and M/s Pushpa Enterprises. In case of a partnership firm, all partners will be bound by the said undertaking.
(iii) The bank guarantee will be in favour of the M.P. State Mining Corporation Limited. The figure of 15% of the bid amount is for the quantification of the liability of the bank, and does not reduce or constitute the upper limit of the liability under the undertaking.
(iv) The undertaking and bank guarantee will be submitted within a period of four weeks.
(v) The M.P. State Mining Corporation Limited will initiate steps for issue of fresh NITs on or before 01.04.2023.
(POOJA SHARMA) (R.S. NARAYANAN)
COURT MASTER (SH) COURT MASTER (NSH)
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