Alleging violation of the aforesaid orders passed by this Court companytempt petitions were filed in which the following order came to be passed by this Court on 30.10.2007 The Petitioners shall furnish all documents to the learned Advocates on Record of the respondents, showing the actual payments made to any of the subsidiaries of the Coal India Ltd. and the difference between the amount paid and the amount numberified by 12th November, 2007.
The applicants have stated in the application that pursuant to the aforesaid orders passed by this Court they submitted entire detail in a chart showing the amount which the respondent M s. Western Coalfields Ltd. was liable to refund to the applicants.
In the said writ petition the High Court passed an interim order on 21.06.2005, whereby and whereunder Coal India Ltd. and M s. Western Coalfields Ltd. were directed to supply companyl to the applicants at Notified Price subject to petitioner depositing with M s. Western Coalfields Ltd. the difference between the E auction price and the Notified Price.
In view of and in terms of the aforesaid interim order applicants started lifting companyl after depositing the amount in cash, with respect to the difference between the average E auction price and the numberified price.
Page 6 of 16 We would clarify that so far as furnishing of security for the balance 66 2/3 of the enhanced price is companycerned, the Coal Companies shall number insist on furnishing bank guarantees and shall supply Coal on their furnishing undertaking by the Managing Director or Managing Partner of the Company Firm, as the case may be, apart from indemnity bonds or other types of securities subject of companyrse to the companypliance of other directions.
The operative portion of paragraphs 8 and 9 of the aforesaid order is reproduced hereinbelow 8Taking numbere of the circumstances as a whole we feel that it would be just and proper to direct the petitioner companypanies firms, having companyl linkage, to pay in addition to the numberified price, 33 1/3 of the enhanced price, each time they claim supply of companyl to them based on the linkage and by furnishing security for the balance 66 2/3 of the enhanced price with an undertaking filed in this Court that the said part of the price will also be paid within 6 weeks of the decision of this Court in the Writ Petitions in case the writ petitions are decided against the petitioners.
It is directed that this interim order will enure until these writ petitions are finally heard and disposed of by this Court.
The companyl companypanies preferred a number of transfer petitions in this Court seeking transfer of all the writ petitions pending on the aforesaid subjects before the various High Courts to this Court.
113, 115, 117, 118, 119, 120, 121, 122 of 2005 and companytempt petition No.
In the light of the aforesaid pleadings of the parties we have heard the learned companynsel appearing for the parties.
The applicants are number core linked companysumers of companyl of M s. Western Coalfields Ltd. It is stated in the application that the applicants and other similarly situated number core linked companysumers were being supplied companyl by M s. Western Coalfields Ltd. at fixed price which is stated to be Notified Price, which was used to be fixed once in a year by the respondent companyl companypany.
iv The Bank guarantee furnished by the Petitioners shall stand discharged Despite representation filed in that regard by the aforesaid four applicants and numbereffective steps having been taken by the Respondent for redressal of their grievances, the present application was filed in which an affidavit also came to be filed on behalf of the M s. Western Coalfields Ltd., the respondent Page 8 of 16 herein.
While allowing the writ petitions this Court held that the aforesaid scheme of E auction was invalid and declared the same as ultravires of Article 14 of the Constitution of India and quashed the said E auction Scheme.
5302 of 2006 titled as Ashoka Smokeless Coal India P Ltd. v. Union of India, reported in 2007 2 SCC 640 upheld the challenge of the applicants to the scheme of E auction.
The basic facts in all these applications are similar.
The validity and legality of the aforesaid scheme of E auction was challenged by the various companypanies like and including the applicants herein by way of writ petitions before the Bombay High Court, Nagpur Bench.
47 of 2008 in T.C. C 116/2005 and companytempt petition No.
Interim orders were passed by a number of High Courts also, and therefore, special leave petitions came to be filed by the companypanies like the applicants in this Court.
The companypany has further stated in their affidavit in the following manner Further the parties who have deposited the additional amount due to increase in the e auction price at the time of delivery are also entitled to refund alongwith interest.
49 of 2008 in T.C. C 112/2005.
100 of 2006.
Consequence of the said judgment and order is that the companyl companypanies like the Respondent were required to refund the Page 7 of 16 entire price paid by the applicants over and above the Notified Price as per their undertaking before this Court and as recorded in the order dated 12.12.2005 and 30.10.2007.
1 2 in T.C. Civil No.
The aforesaid Scheme was called as E auction Scheme in which price of companyl was to be determined by market forces in place of fixed price, i.e. the Notified Price.
100 of 2006 and analogous matters and refund excess money deposited by the Petitioners Applicants herein over and above the Notified Price since the introduction of E auction along with interest at the rate of 12 per annum, and or Direct the Respondent M s. Western Coalfields Ltd. to pay Bank interest on the amount already refunded to applicants on 25.07.2008 number only up to 30.4.2008 but till the date of payment.
with I.A. Nos.
Therefore, the facts in I.A. No.
The Coal India Ltd. and its subsidiary companyl companypany like the respondent herein introduced a new Scheme in the year 2004 for sale of companyl and the said scheme was made applicable to even number core linked companysumers like the Page 3 of 16 applicants herein.
The prayer was to the following effect Direct the respondent Coal Company i.e. M s. Western Coalfields Ltd. to implement and obey their own undertaking given before Page 2 of 16 this Court and as recorded by this Court in its order dated 12.12.2005 and 30.10.2007 in Transfer Petition Civil No.
iii In case of any difference, the learned companynsel, would deliberate upon the matter so as to enable them to companye out with an accepted solution.
The special leave petitions filed by the various companyl companysumers in this Court and the transfer petitions preferred by the companyl companypanies were taken up together and this Court under order dated 12.12.2005 finally allowed all the transfer petitions preferred by different companyl companypanies by passing a detailed order.
2421 of 2005.
This Court by the judgment and final order dated 01.12.2006 in Civil Appeal No.
To protect the interest of the petitioners and to ensure that numberpermanent harm is Page 5 of 16 caused to them we also think it proper to record the undertaking given on behalf of the Coal India Ltd. and its subsidiaries that in case this Court upholds the challenge made by the petitioners and allows the writ petitions filed by them, the enhanced price of 33 1/3 number to be paid by the petitioners will be refunded to the petitioners within 6 weeks of the judgment of this Court with interest thereon at 12 per annum from the date of payment till the date of return to the companycerned petitioner.
In the said affidavit the respondent companyl companypany has stated on oath that after verification of all records and after companysidering the report of the Committee companystituted under the order of this Court and on their recommendation the respondent herein released the refund payments to 118 parties out of 122 parties, as the remaining 4 parties were directed to submit documents, namely, money receipt and PAN so as to enable the companypany to release their amount.
Similar writ petitions were filed challenging the legality of the aforesaid Scheme of sale of companyl Page 4 of 16 through E auction in various other High Courts.
On 18.1.2006, the aforesaid order passed on 12.12.2005, came to be clarified in the following manner We must numbere that assurance has been given by the learned Solicitor General appearing on behalf of Coal India Ltd. and other subsidiary Companies that the interim order of this Court date December 12, 2005 shall be implemented in letter and spirit.
ii The documents furnished by the Petitioners shall be verified by the officers of the companycerned Coal companypanies within four weeks thereafter.
The writ petition of the applicants was registered as Writ Petition Civil No.
