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13. The package was in respect of closure of FCIL but hive off Jodhpur Mining Organization into a separate entity. Delhi High Court, therefore, found that question relating to hiving off Jodhpur Mining Organization into a separate entity has to be considered by BIFR at the first instance and for this purpose, it remitted the matter to BIFR. It also observed the stand taken by parties that they were not asking for revival of company and clarified as under :-

"At this stage, learned counsel for parties in order to clarify the stand of the parties state that their clients are not asking for the revival of the company. They, however, submit that it should be open to the BIFR to consider the proposals for hiving off other units of the FCIL as separate entities. We do not see any harm in leaving the door open for the BIFR to consider the question of hiving off other units of the FCI in case proposals in this regard are received by it within a reasonable period of time.

49. Copy of judgement of Delhi High Court has been filed along with supplementary counter affidavit dated 29.02.2012 which shows that it upheld the decision of BIFR and AAIFR holding that it is not possible to revive Company but thereafter it found decision of Government of India communicated vide letter dated 10.09.2001 about closure of FCIL and hiving off Jodhpur Mining Organization into a separate entity and offered VSS to all employees. For the purpose of this "hiving off Jodhpur Mining Organization", Delhi High Court observed that this aspect ought to have been considered at the first instance, hence, it remanded the matter to BIFR for considering proposal of hiving off of Jodhpur Mining Organization into a separate entity. In that context, Delhi High Court also left open to BIFR to consider the question of hiving off other units of FCIL in case proposal in this regard are received. The relevant observations of Delhi High Court's judgement read as under:-

It is apparent from the aforesaid revival package that the Government of India would like the closure of FCIL and to hive off Jodhpur Mining Organization into a separate entity. The question relating to hiving off Jodhpur Mining Organization into a separate entity will have to be considered by the BIFR in the first instance. Therefore, the matter needs to be remitted back to the BIFR. Accordingly we remit the matter to the BIFR for consideration of the proposal for hiving off the Jodhpur Mining Organization into a separate entity. We order accordingly. Let the parties appear before the BIFR on 18th December, 2002.

At this stage, learned counsel for parties in order to clarify the stand of the parties state that their clients are not asking for the revival of the company. They, however, submit that it should be open to the BIFR to consider the proposals for hiving off other units of the FCIL as separate entities. We do not see any harm in leaving the door open for the BIFR to consider the question of hiving off other units of the FCI in case proposals in this regard are received by it within a reasonable period of time.