HARISH TANDON,J. - (1.) This is an application at the instance of the Oriental Ceramics and Refractories Private Limited for direction upon the Registrar, Original Side of this Court to release a sum of Rs. 31,05,253.50P.
(2.) The petitioner claimed to be a linked customer with the Coal Companies and was enjoying minimum assured quantity supplies of coal at the notified price. Subsequently, the Coal Companies framed a scheme for selling the coal through E-auction. Naturally, the moment a new system is introduced for sale of coals and affects the linked customers, spate of litigations started pouring in different High Courts challenging the said scheme. Ultimately, the matter went to the Supreme Court from the proceeding initiated by Ashok Smokeless Coal Industries (Private Limited). The Apex Court declared the said scheme violative of Article 14 of the Constitution of India. While the matter was pending before the Hon'ble Supreme Court an interim order passed therein where these linked customers were directed to obtain the supply of coal upon payment of the sum in addition to the notified price. The prayer for identical order was made in the Writ Petition which was refused by the Single Bench and such order was carried to a Division Bench in mandamus appeal. It is not in dispute that the said mandamus appeal was disposed of directing the petitioner to continue with depositing of the excess price and in fact the said amount has been deposited before the Registrar, Original Side of this Court.
(3.) It is submitted that Rs. 57 lacs and above was deposited in terms of the order of the Division Bench and the liberty was given to the parties to apply before the Writ Court for an appropriate direction at the time of disposal of the Writ Petition. The Writ Petition was disposed of on 1st October, 2015 in tune with the decision rendered in Ashok Smokeless Coal reported in (2007) 2 SCC 640 with specific direction upon the petitioner to approach the General Manager (Sales and Marketing) of both the companies for re-verification of their claim of not being a participant as bidders/purchasers under the void E-auction scheme and also the claim for refund for a period communicated therein and the entire process for re-verification was directed to be made within four weeks from the date of communication of this order. Pursuant to the said direction, the petitioner approached the said authority and the said authority adjudicated the claim and found that the petitioner has paid an excess amount of Rs. 31,05,253.50P. The petitioner, thereafter, filed the instant application for refund of the said amount. An argument is advanced on behalf of the Coal Companies that after the judgment and order dated 1st October, 2015 passed in WP No. 2067 of 2005 and WP No. 2068 of 2005, an application was filed by the petitioner for modification of the said order which was disposed of on 13th January, 2016 permitting the petitioner to get the refund amount along with an interest at the rate of 12% per annum. The said order was carried to a Division Bench and was set aside. The order of the Division Bench is further challenged by the petitioner before the Supreme Court and a Special Leave Petition has been admitted.;