- (1.) The following are the prayers in M.A. No. 2363 of 2018 (previously I.A. No. 6 of 2016) in C.A. No. 2593 of 2006 and M.A. No. 2364 of 2018 (previously I.A. Nos. 9 and 10 of 2016) in Civil Appeal No. 2591 of 2006. Prayer in I.A. No. 6 of 2016 in C.A. No.2593/2006 "a) pass appropriate directions in terms as prayed for in Para 10 hereinabove; and b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice;" Para 10 of said I.A. reads as follows :- "10. The applicant most humbly submit that order dated 21.1.2016 passed in C.A. No. 2593 of 2006 be modified to the extent of directing disbursal, if any only from such amount which are in excess of funds, not identified or related to the members of the applicant or such order/s as deemed fit and proper in facts and circumstances of the case may be passed." Prayer in I.A. 9 of 2016 in C.A. No.2591/2006 "a) order dated 21.01.2016 be modified and directions be passed in terms of para 9 hereinabove; and b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice." Para 9 of said I.A. reads as follows :- "9. The instant application, under the circumstances, is being preferred before this Court, seeking appropriate directions and/or modification of order dated 21.01.2016, passed by this Court. A copy of the said order dated 21.01.2016 passed by this Court in C.A. No. 2591/2006 is annexed hereto and marked as Annexure A-3. Trust not having any amount in its accounts for making payments, necessary directions be given to the new company for making of such payment, on terms, as deemed fit and proper in facts and circumstances of the case." Prayer in I.A. No. 10 of 2016 in C.A. No.2591/2006 "a) necessary direction be issued modifying the order dated 21.01.2016 passed by this Hon'ble Court in Civil Appeal No.2591 of 2006 with Civil Appeal No. 2593 of 2006, by directing payment of only the principal amount of Rs.1.95 crores, to be paid in installments, in such a manner as this Hon'ble court may deem fit and proper, in full and final settlement of claim of Respondent; and b) pass such further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice."
(2.) The judgment dated 21.01.2016, which is sought to be modified, reads as follows: "1. After having extensively heard Mr. Dushyant Dave and Mr. Jayant Bhushan, learned senior counsel appearing for the appellants and Mr. Sudhir Chandra, Mr. Bhaskar P. Gupta and Mr. Krishnan Venugopal, learned senior counsel appearing for the respondents, we see no ground to interfere with the well reasoned order passed by the learned Single Judge of the Calcutta High Court, as affirmed by the Division Bench of the High Court, since the High Court has mainly proceeded on undisputed facts. 2. Mr. Krishnan Venugopal, learned senior counsel, has submitted that the Kelvin Jute Company Ltd. has since merged into Trend Vyapaar Ltd. in 2001 under a scheme framed by BIFR. We see from the Judgment that the direction for payment of the provident fund dues is to the Trust as well as to the Company. 3. In the unlikely event of the Trust not able to meet the payment as directed by the High Court, it would be open to the new company referred to above to approach this Court for appropriate directions. 4. Since the matter has been pending before this Court since 2006 and as there was an order of stay of the Judgment of the High Court, we grant further period of three months for payment of the amount as directed by the High Court. 5. In view of the above, the Civil Appeals are dismissed with no order as to costs."
(3.) The appeal leading to the judgment above arose from the judgment of the Calcutta High Court dated 16.02.2006 in APO-258/2002 and APO-238/2002. The Division Bench affirmed the judgment dated 15.03.2002 in Writ Petition No. 4312 of 1993. Paragraphs 26.1 and 26.2 of the judgment dated 15.03.2002 of the Single Bench containing the operative portion, reads as follows: "26.1 In the circumstances, the Kelvin Trust shall transfer the amount of Rs.2,00,98,363.02 as stood on June 30, 1986 together with the interest accrued on the said amount at the statutory rate till the date of transfer to the Waverly Trust. In case the Trust is short of fund, the Kelvin, which has utilized the funds of the Trust, shall pay the same to Kelvin Trust, which will in turn transfer the same to Waverly Trust. All these actions have to be undertaken and completed within three months from date. In default, the RPFC shall cancel the exemption and shall take custody and possession of all the funds and securities at the hands and assets and bank accounts of Kelvin Trust. In case there is any shortage, assets, funds, securities, capitals and bank accounts of Kelvin shall remain attached until the fund is available in Kelvin Trust. It will be open to RPFC to take appropriate steps and pass appropriate order enforcing transfer of the said fund and recovery of the amount from Kelvin Trust and Kelvin respectively, in terms of section 17B or otherwise including recovery and also to take steps for the penal consequences, as the case may be. Let a writ mandamus do issue accordingly to each of the respective respondents severally and jointly. 26.2 Until the amount is so transferred, the Kelvin Trust and the Kelvin is restrained from dealing with or disposing of its funds, assets and securities and from withdrawing any money from their respective Bank Account except in usual course of business and in discharge of payment of its statutory liabilities and wages payable to its workers without leaving a balance of a sum of Rs.3 crores. In the result, the writ petition succeeds and is allowed to the above extent." ;