I. P. Mukerji, J. - (1.) I have had the privilege of going through the draft judgment prepared by my learned sister. I entirely agree with her ladyship. However, I would like to make a few observations of my own.
(2.) In about October 2004, the respondents decided to sell coal by e-auction to a certain section of consumers described as "non-core sector consumers" including "linked customers". The result of this e-auction was that coal was sold at a higher price than notified.
(3.) This e-auction decision or scheme was challenged by various entities in the High Courts. Thereafter, the matters went up to the Supreme Court and were finally decided by it on 1st December, 2006, Ashoka Smokeless Coal India (P) Ltd. & Ors Vs. Union of India and Ors., 2007 2 SCC 640. Now, in that case the Supreme Court had directed return of the excess amount paid by the consumer together with interest @12% per annum from the date of payment till the date of refund of the sum to the petitioner. In granting this interest the Court had opined the following in an order dated 12th December, 2005 passed at the interim stage which was affirmed in the final order "to protect the interest of the petitioners and to ensure that no permanent harm is caused to them we also think it proper to record the undertaking given on behalf of Coal India Ltd. and its subsidiaries that in case this Court upholds the challenge made by the petitioners and allows the writ petitions filed by them, the enhanced price of 33-1/3% now to be paid by the petitioners will be refunded to the petitioners within 6 weeks of the judgment of this Court with interest thereon at 12% per annum from the date of payment till the date of return to the petitioner concerned." (See Ashoka Smokeless Coal India (P) Ltd. & Ors Vs. Union of India and Ors., 2006 9 SCC 228).;