Soumitra Pal, J. - (1.) This appeal has been preferred by Eastern Coalfields Ltd. (for short 'ECL') and its General Manager (S & M), the appellant nos. 1 and 2 respectively, against the order dated 13th January, 2016 passed in G.A.No.3783 of 2015 with W.P.No.2067 of 2005 and G.A.No.2091 of 2008 (Oriental Ceramics (P) Ltd. v. Coal India Ltd. & Ors. ) principally on the ground that since the writ petition was finally disposed of by an order dated 1st October, 2015 (for short 'the earlier order'), the learned Single Judge erred in passing the order dated 13th January, 2016 granting interest on an application praying for clarifying the earlier order. Since the learned Single Judge had finally disposed of the writ petition and the application, the subsequent application, being G.A.No.3783 of 2015, (for short 'the application') was not maintainable.
(2.) Mr. Aloke Kumar Banerjee, learned advocate for the ECL relying on the grounds of appeal, has submitted that though the application was made, inter alia, for clarifying the order passed on 1st October, 2015, actually it was an application for modification and/or review of the earlier order. Submission is that the application was for modification of the earlier order with a prayer for direction upon the ECL to pay interest at the rate of 12% on the principal amount. Since in the writ petition filed in the year 2005 prayer was not made for grant of interest and as in the application, being G.A.No.2091 of 2008, prayer was made for grant of interest, the learned single Judge erred in modifying the order by directing payment of interest. As the chart prepared by ECL furnished before the learned single Judge contained mistakes, as evident from the order dated 18th June, 2015 passed by the Division Bench, it cannot be the basis to grant interest to the respondent/ writ petitioner. Since the writ petition was finally disposed of by the earlier order and thereafter, the learned advocate-on-record for the respondent/writ petitioner had issued a letter dated 15th October, 2015 to ECL requesting to comply with the said order and for release of funds within the time frame as mentioned in the earlier order and as thereafter hearing was fixed on 5th November, 2015 and order was passed on 17th November, 2015 by ECL, the learned single Judge erred in modifying the earlier order. According to him, the letter appearing at Page-102 of the stay application issued on behalf of the respondent/writ petitioner in connection with the letter dated 17th November, 2015 issued by ECL, praying for grant of interest is a fresh cause of action.
(3.) Submission is that the interim order contained in paragraph 8 of the order dated 12th December, 2005 issued in Ashoka Smokeless Coal Industries cannot be the basis for grant of interest at the rate of 12% since the Supreme Court while finally disposing of the matter - Ashoka Smokeless Coal Industries (P) Limited v. Union of India, (2007) 2 SCC 640 did not grant interest. As in Eastern Coal Field Ltd. v. Tatulia Coke Plant (P): (2011) 14 SCC 624 , the Supreme Court had directed that if the authorities failed to pay the amount it would carry interest at the rate of 9% per annum, the respondent is not entitled to interest. Further as Explanation V to section 11 of the Code of Civil Procedure, 1908 stipulates that any relief claimed in the plaint, which is not expressly granted by the decree, shall be deemed to have been refused and as section 152 of the Code empowers Court to correct clerical or arithmetical mistakes in decrees and orders and as principles of the Code are applicable to writ proceedings, the learned Single Judge erred in passing the order impugned. Mr. Banerjee has relied on the judgments in State of U.P. v. Brahm Datt Sharma, AIR 1987 SC 943 and in J.S. Parihar v. Ganpat Duggar, (1996) 6 SCC 291 in support of his submission.;