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Supreme Court of India

STEEL AUTHORITY OF INDIA LTD vs STATE OF ORISSA on 19 January, 2009

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C.A. No.-000345-000345 - 2009Official PDFBench Sarosh Homi Kapadia, Aftab AlamAdvocates SUNIL KUMAR JAIN | KIRTI RENU MISHRA

Petition(s) for Special Leave to Appeal (Civil) No(s).2216/2008

(From the judgment and order dated 10/01/2007 in OJC No. 6539/1997 of The HIGH COURT OF ORISSA AT CUTTACK)

STEEL AUTHORITY OF INDIA LTD. Petitioner(s)

STATE OF ORISSA & ORS. Respondent(s)

(With appln(s) for c/delay in filing SLP and prayer for interim relief and office report)

SLP(C) NO. 2571 of 2008 – With appln. for c/delay in filing SLP & O/R

Date: 19/01/2009 These Petitions were called on for hearing today.

CORAM :

For Petitioner(s) Mr. Sunil Kumar Jain,Adv.

Mr. Ajay Bhatia, Adv.

Mr. Aneesh Mittal, Adv.

For Respondent(s) Mrs. Kirti Renu Mishra,Adv.

Mr. Shibashish Misra, Adv.

UPON hearing counsel the Court made the following

The appeals are allowed with no order as to costs.

(S. Thapar) (Madhu Saxena)

PS to Registrar Court Master The signed order is placed on the file.

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.345 OF 2009 (Arising out of SLP(C) No.2216 of 2008)

CIVIL APPEAL NO.346 OF 2009 @ SLP(C) NO. 2571 OF 2008

In terms of our Order dated 18th January, 2008, and in terms of the judgment of the

Division Bench of this Court in the case of National Mineral Development Corporation Ltd.

Vs. State of M.P. & Another reported in 2004 (6) SCC 281, the matters stand remitted to the

High Court to decide on the question of computation of royalty which has not been considered

in the impugned judgment. The impugned judgment is accordingly set aside and the matters

are remitted to the High Court to be decided in accordance with law.

The appeals are accordingly allowed with no order as to costs.

January 19, 2009 [ AFTAB ALAM ]