Two applications have been filed, one jointly by
M/s. Trimurtiy Moulds Pvt. Ltd., Coventry Stonewares
Pvt. Ltd., Vidharbha Ceramics Pvt. Ltd. and Ceramic
Industries (I) Pvt. Ltd. which is registered as I.A.
No. 5/2009 and the other by M/s. Western Coalfields
Limited which is registered as I.A. No. 6/2009. We
have heard Mr. M.L. Verma, learned senior counsel
appearing on behalf of the M/s. Trimurty Moulds Pvt.
Ltd. as also the learned counsel appearing for the
Western Coalfields Limited, on both these applications.
The applicants – M/s. Trimurti Moulds Pvt. Ltd. by
filing the said application have sought for
clarification and/or modification of the order passed
by this Court on 27.2.2009, particularly with regard to
the payment of interest and with regard to the payment
of additional amount payable due to increase in Eauction price. It is pointed out by the learned
senior counsel that while passing the said order this
Court directed for payment of interest accrued on the
amount payable to the applicants, to be computed only
upto 28.6.2008 while the amount came to be actually
refunded to the applicants on 25.7.2008. He has
brought to our notice the documents on record in
support of the said contention. On going through the
same, we are satisfied that such interest accrued on
the amount payable should be computed upto 25.7.2008
for it appears to us that the said amount was not
refunded on 28.6.2008, as alleged but was paid
subsequently as the cheques for payment were made ready
on 24.7.2008. We order accordingly as there was a
mistake apparent on the face of the records.
The second contention raised by the learned senior
counsel is with regard to the additional amount payable
due to increase in E-auction price. Our attention has
been drawn to the affidavit filed by M/s. Western
Coalfields Limited which is annexed to the application
filed herein. In this connection we would like to
extract the contents of paragraphs 12 & 13 of the said
affidavit, which read as follows:-
“12. That because of non-deposit of
additional amount due to increase in e-
auction price in the subsequent months,
WCL therefore, adjusted the quantity and
value thereof was kept in fixed deposit.
WCL is of the view that the said amount
also need to be refunded to the said
parties including interest accrued
thereupon.
A list of such parties given in the chart
is annexed hereto and marked as Annexure-
D.
Further cases of the parties who have also
deposited the additional amount due to
increase in the e-auction price and are
also entitled to refund along with
interest.
A list of such parties given in the chart
is annexed hereto and marked as Annexure
E.
13. It is submitted that this Hon’ble
Court may be pleased to pass appropriate
orders/direction to refund the said amount
to the parties mentioned in the chart
enclosed herewith as Annexure D & E.
The said amount will be refunded to the
parties as directed by this Hon’ble
Court.”
A bare reading of the same would indicate that
M/s. Western Coalfields Limited itself accepted the
position that the additional amount payable due to
increase in the E auction price is to be refunded to
the applicants.
Mr. Verma states that the amounts which are
required to be refunded to the applicants appear at
Page 46 & 47 of the paper book, wherein as against the
name of Ceramic Industries (India), the total amount
shown to be refunded is Rs. 82,831.98, as against
Coventry Stonewares Pvt. Ltd. the total amount is Rs.
6,36,875.88, as against Trimurti Moulds Private Limited
the total amount is Rs. 9,41,983.96 and as against
Vidharbha Ceramics Pvt. Ltd. a total amount of Rs.
5,27,254.84 is shown to be outstanding.
In view of the aforesaid statement made in the
affidavit filed by the Western Coalfields Limited, we
direct that the amounts as stated above shall be
refunded to the applicants within six weeks from today,
but the said payments shall be without payment of any
interest.
I.A. No. 5 filed by M/s. Trimurti Moulds Pvt. Ltd.
& Ors. stands disposed of in terms of the aforesaid
terms.
We now proceed to dispose of I.A. No. 6/2009 filed
by M/s. Western Coalfields Limited. In this
application the said coal Company has pointed out that
in the order dated 27.2.2009 passed by us, there was a
direction to the coal Company to pay the amount towards
interest accrued on the fixed deposits, at the rate of
12% per annum on the excess deposit in the High Court.
It is pointed out that this Court directed that the
amount was directed to be kept in fixed deposit and
that the said Coal Company is ready and willing to pay
interest at the rate which it received from the Bank on
the said fixed deposit account. We find this prayer to
be bona fide, just and proper. If the interest rate
received from the bank against fixed deposit account
was less then they cannot be directed to pay interest
at a higher rate.
We, therefore, modify our order dated 27.2.2009 to
the extent aforesaid and order that interest shall be
paid on the amount which is refunded to the applicants
being the amount kept in the fixed deposit account, at
the same rate at which the coal Company received the
interest from the bank.
The next contention of the learned counsel for
M/s. Western Coalfields Ltd. is that by the order dated
27.2.2009 passed by this Court, the issues raised
before the High Court in the writ petition pending
before the Nagpur Bench of the Bombay High Court have
been enlarged and expanded. We have heard Mr. Verma,
learned senior counsel also on the aforesaid issue. He
has submitted that the order dated 27.2.2009 passed by
us does not in any manner enlarge the scope of the writ
petition.
However, it is needless to state that the writ
petition which is pending before the High Court was
never ordered to be transferred to this Court.
Therefore, it was never the intention of this Court to
expand or enlarge the scope of the issues raised in
that writ petition nor the same could be done.
Whatever issues have been raised by the parties in the
said writ petition pending before the High Court, would
be the only issues which will be argued, considered and
disposed of by the Nagpur Bench of the High Court on
their own merits.
I.A. No. 6/2009 is disposed of in the aforesaid
terms.
I.A. No. 2 in T.C. (C) No. 115/2005, I.A. No. 5 in T.C.
(C) No. 117/2005, I.A. No. 2 in T.C. (C) No. 118/2005,
I.A. No. 3 in T.C. (C) No. 119/2005, I.A. No. 3 in T.C.
(C) No. 120 of 2005, I.A. No. 3 in T.C. (C) No.
121/2005 and I.A. No. 4 in T.C. (C) No. 122/2005 are
also disposed of in terms of the aforesaid order passed
by us in I.A. Nos. 5 & 6 of 2009 above.
……….J
(S.B. SINHA)
……….J