- (1.) By this order we propose to dispose of the above mentioned interlocutory applications arising out of Transfer Case Nos. 113, 115, 117, 118, 119, 120, 121, 122 of 2005 and contempt petition No. 47 of 2008 in T.C. (C) 116/2005 and contempt petition No. 49 of 2008 in T.C. (C) 112/2005.
(2.) The basic facts in all these applications are similar. Therefore, the facts in I.A. No. .....with I.A. Nos. 1-2 in T.C. (Civil) No. 113 of 2005 are taken as illustrative for the purpose of our decision.
(3.) The present application is filed on behalf of the four applicants, namely, M/s. Trimurti Moulds Pvt. Ltd., Coventry Stonewares Pvt. Ltd., Vidharbha Ceramics Pvt. Ltd. and Ceramics Industries (I) Pvt. Ltd. through their respective Directors praying for issuance of directions to the M/s. Western Coalfields Ltd. (a subsidiary of Coal India Ltd) being respondent herein for implementation and execution of the direction given by this Court in its order dated 30.10.2007 in T.P. (C) No. 100 of 2006. The prayer was to the following effect: (i) Direct the respondent Coal Company i.e. M/s. Western Coalfields Ltd. to implement and obey their own undertaking given before this Court and as recorded by this Court in it s order dated 12.12.2005 and 30.10.2007 in Transfer Petition (Civil) No. 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 (ii) Direct the Respondent M/s. Western Coalfields Ltd. to pay Bank interest on the amount already refunded to applicants (on 25.07.2008) not only up to 30.4.2008 but till the date of payment.;