UNION CARBIDE CORPN. LTD Vs. UNION OF INDIA
LAWS(SC)-2006-5-126
SUPREME COURT OF INDIA
Decided on May 02,2006

Union Carbide Corpn. Ltd Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN V. UNION OF INDIA [REFERRED TO]
UNION CARBIDE CORPN. LTD. V. UNION OF INDIA [REFERRED TO]
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN VS. UNION OF INDIA [REFERRED TO]
UNION CARBIDE CORPORATION LTD VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

- (1.)Ia Nos. 50-51 of 2005 in CA Nos. 3187-88 of 1988 As directed by us on 12-4-2006, Union Carbide Corpn. Ltd. v. Union of India, 2012 8 SCC 362 Bhopal Memorial Hospital Trust has filed its audited accounts for the Accounting Years 1998-1999 to 2003-2004. The chartered accountant appointed by the Bhopal Gas Peedith Mahila Udyog Sangathan and Bhopal Gas Peedith Sangharsh Sahayog Samiti has inspected the accounts and filed a report dated 1-5-2006. We have perused the said report which appears to be general in character. Prima facie, there is nothing suggesting that there is anything seriously amiss with the accounts of Bhopal Memorial Hospital Trust.
(2.)We have also heard the learned counsel on both sides. Particularly having regard to the order made by this Court on 3-4-1996 in Union Carbide Corpn. Ltd. v. Union of India, 2012 8 SCC 348 (Coram: A.M. Ahmadi, CJI, N.P. Singh and B.N. Kirpal, JJ.), we are satisfied that the balance amount of Rs 37.65 crores with accrued interest thereupon, which lies attached in the frozen account with State Bank of India (Main Branch), Parliament Street, New Delhi should be paid over to Bhopal Memorial Hospital Trust. This is for the reason that with lowering of interest rates, the returns available on its existing investments may not be sufficient to carry out the onerous work of treating the gas victims and other needy persons who utilise the services of the hospital.
In the result, we allow these two IAs and direct that the aforesaid amount be handed over to Bhopal Memorial Hospital Trust. IAs Nos. 50-51 of 2005 in CAs Nos. 3187-88 of 1988, are, accordingly, allowed and disposed of.

(3.)Our attention has been drawn to the fact that all public trusts in the State of Madhya Pradesh are governed by the Madhya Pradesh Public Trusts Act, 1951 and under S.3 thereof, the Collector is the Registrar of such public trusts. S.19 of this Act enables any person having interest in such trust to obtain inspection of the budget, balance sheet and the income and expenditure accounts and audited report filed by the public trust with the said authority. Any interested person can, accordingly, make an application under S.19 and seek instructions and bring to the notice of the Registrar whatever deficiencies he comes across. Under S.16(2) of the said Act, the accounts are to be audited annually by a person who is qualified. S.16 of this Act indicates the manner in which the accounts are to be kept and the accounts are to be audited by every public trust. We are sure that the Collector as the enforcing authority will make sure that this is carried out during every accounting year.


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