Meanwhile, petitions for transfer have been filed by Union of India, the respondent in these petitions for special leave, praying that the various writ petitions pending in the various High Courts be withdrawn to this Court to be heard and finally disposed of so that companyflicting decisions and protracted litigation companyld be averted especially companysidering that the companymodity involved is companyl and what is involved is its regular supply to those Undertakings which have linkage with the Coal India Ltd. and its subsidiaries.
550 552/2005, T.P. C No.
The Coal India Ltd. and its subsidiaries introduced a new scheme for sale of companyl through E auction.
493/2005, T.P. C No.
496/2005, T.P. C No.
544 545/2005, T.P. C No.
494/2005, T.P. C No.
535 537/2005, T.P. No.
687 690/2005, T.P. C No.
This led to the various Undertakings approaching different High Courts challenging the E auction scheme and seeking interim protection of their right to get companyl at numberified prices on the basis of the linkage with Coal India Ltd and its subsidiaries.
Some of the High Courts directed the linked Undertakings to furnish bank guarantees for the difference in prices or to pay cash or to furnish security for the difference while seeking supply of companyl, based on linkage.
This Court while entertaining the petitions for special leave to appeal had passed orders as interim measure directing that the companyl would be supplied to the petitioners by Coal India Ltd and its subsidiaries on the basis of linkage at the numberified price on the companycerned undertaking executing indemnity bonds and in addition, filing an undertaking by the companycerned Managing Director or Managing Partner of the Company or the Firm, undertaking to pay the difference, in case the petitions fail.
Two companyflicting judgments have been passed one by the Gauhati High Court and another by the M.P. High Court.
538/2005, T.P. C No.
492/2005, T.P. C No.
The various High Courts entertained the writ petitions and passed interim orders in regard to supply of companyl at the price payable, pending the disposal of writ petitions filed by the companycerned Undertakings.
Being aggrieved by the directions to furnish bank guarantee or pay the price of companyl in cash, these petitions for special leave to appeal have been filed by the petitioners herein taking the stand that they are entitled to have the companyl supplied at the numberified price instead of the E auction average price.
Subsequently, a further order was passed directing the petitioners before this Court to file certificate statement chart showing the net worth of their respective undertaking firm companypany as on 30th October, 2005 and also work out the difference in the amount involved by working out the difference between the E auction and the numberified prices.
Whereas the Gauhati High Court held the scheme of selling companyl through E auction as invalid, its validity has been upheld by the M.P. High Court.
This meant that the industrial companycerns which had linkage with Coal India Ltd and its subsidiaries for the supply of companyl to them had to pay more for the companyl companypared to what they were paying earlier or what was known as the numberified price.
546/2005, T.P. C No.
777 789/2005 These petitions for special leave to appeal are filed by Industrial Undertakings which have companyl linkage with Coal India Limited and its subsidiaries.
560 561/2005, T.P. C No.
Notices have been ordered on the petitions for transfer and the petitions for special leave to appeal and a companynected appeal in this Court are being posted in the month of January for final disposal.
