- (1.) TWO applications have been filed, one jointly by M/s. Trimurtiy Moulds Pvt. Ltd., Coventry Stonewares Pvt. Ltd., Vidharbha Ceramics Pvt. Ltd. and Ceramic Industries (I) Pvt. Ltd. which is registered as I.A. No. 5/2009 and the other by M/s. Western Coalfields Limited which is registered as I.A. No. 6/2009. We have heard Mr. M.L. Verma, learned senior counsel appearing on behalf of the M/s. Trimurty Moulds Pvt. Ltd. as also the learned counsel appearing for the Western Coalfields Limited, on both these applications.
(2.) THE applicants - M/s. Trimurti Moulds Pvt. Ltd. by filing the said application have sought for clarification and/or modification of the order passed by this Court on 27.2.2009, particularly with regard to the payment of interest and with regard to the payment of additional amount payable due to increase in E- auction price. It is pointed out by the learned senior counsel that while passing the said order this Court directed for payment of interest accrued on the amount payable to the applicants, to be computed only upto 28.6.2008 while the amount came to be actually refunded to the applicants on 25.7.2008. He has brought to our notice the documents on record in support of the said contention. On going through the same, we are satisfied that such interest accrued on the amount payable should be computed upto 25.7.2008 for it appears to us that the said amount was not refunded on 28.6.2008, as alleged but was paid subsequently as the cheques for payment were made ready on 24.7.2008. We order accordingly as there was a mistake apparent on the face of the records. The second contention raised by the learned senior counsel is with regard to the additional amount payable due to increase in E-auction price. Our attention has been drawn to the affidavit filed by M/s. Western Coalfields Limited which is annexed to the application filed herein. In this connection we would like to extract the contents of paragraphs 12 & 13 of the said affidavit, which read as follows:- "12. That because of non-deposit of additional amount due to increase in e- auction price in the subsequent months, WCL therefore, adjusted the quantity and value thereof was kept in fixed deposit. WCL is of the view that the said amount also need to be refunded to the said parties including interest accrued thereupon. A list of such parties given in the chart is annexed hereto and marked as Annexure- D. Further cases of the parties who have also deposited the additional amount due to increase in the e-auction price and are also entitled to refund along with interest. A list of such parties given in the chart is annexed hereto and marked as Annexure E. 13. It is submitted that this Hon'ble Court may be pleased to pass appropriate orders/direction to refund the said amount to the parties mentioned in the chart enclosed herewith as Annexure D and E. The said amount will be refunded to the parties as directed by this Hon'ble Court."
(3.) A bare reading of the same would indicate that M/s. Western Coalfields Limited itself accepted the position that the additional amount payable due to increase in the E auction price is to be refunded to the applicants.;