- (1.) This application bearing G.A. 1370 of 2008 is filed by the applicants/ writ petitioners for refund of their money paid to the respondent No. 4 towards the price of coal purchased under 'e' Auction Scheme.
(2.) According to the applicants, the subject-matter of challenge in this writ application is the legality of the 'e' Auction Scheme introduced by the respondent No. 1 under Notification dated June 16, 2004. The above Scheme was also adopted by the respondent No. 4 amongst other Coal Companies. The following interim order was passed in this writ application on August 8, 2005 with regard to the payment of price for purchasing coal under 'e' Auction Scheme and for furnishing Bank Guarantee in connection therewith : "Let there be a further interim order to the effect that the writ petitioners herein will be at liberty to purchase coal required by them for the months of July, 2003 onwards subject to their eligibility according to the prevailing linkage system on payment of basic price, as determined by the respondents, for the month of January, 2005 and also subject to furnishing Bank Guarantee and/or depositing the cash amount to secure the difference between the 'e' auction price and the aforesaid basic price. Needless to mention that in the event the petitioners furnished the Bank Guarantee in terms of this order, then necessary steps should be taken to keep the same valid and operative till disposal of this writ petition."
(3.) During the pendency of this writ application, a number of writ applications involving the selfsame issue were transferred before the Hon'ble Supreme Court and those writ applications were disposed of by a common judgment dated December 1, 2006 passed in the matter of Ashoka Smokeless Coal India (P) Ltd and others v. Union of India & Ors. reported in (2007)2 SCC 604 declaring the aforesaid 'e' Auction Scheme ultra vires the Constitution of India. By virtue of a subsequent order dated October 30, 2007, passed in connection with the contempt application arising out of the above judgment the Hon'ble Supreme Court directed the respondents/coal companies for refunding the amount paid by the purchasers, who were the petitioners before the Hon'ble Supreme Court, in excess of the notified price upon verification of the documents in the following manner : "(i) The petitioners shall furnish all documents to the learned Advocate- on-Record of the respondents showing the actual payments made to any of the subsidiaries of the Coal India Ltd. And the difference between the amount paid and the amount notified by 12th November, 2007. (ii) The documents furnished by the petitioners shall be verified by the officers of the concerned coal companies within 4 weeks thereafter. (iii) In case of any difference, the learned Counsel would deliberate upon the matter so as to enable them to come out with an accepted solution, (iv) The Bank Guarantee furnished by the petitioners shall stand discharged.";