- (1.) Heard learned counsel for the parties.
(2.) These petitioners contend that they were parties before the Hon'ble Supreme Court in transferred matters heard along with the case of Ashoka Smokeless Coal India (P) Ltd. & others Vrs. Union of India and others reported in (2007) 2 SCC 640, which was decided finally by judgment dated 1.12.2006(Annexure -3) holding that the allocation of coal by e -auction is inequitable, irrational and fortuitous and hence constitutionally invalid.
(3.) Learned counsel for the petitioners submit that in the batch of cases led by M/s Ashoka Smokeless Coal India (P) Ltd. (supra), interim orders were also passed on 12.12.2005(Annexure -1) to the effect that the companies / firms having coal linkage to pay in addition to notified price, 33 -1/3% of the enhanced price, each time they claim supply of coal to them based on the linkage by furnishing security for the balance 66 -2/3% of the enhanced price. However the Coal India and its subsidiaries were directed to give undertaking that if writ petitions are allowed, they will refund the enhanced price of 33 -1/3% within 6 weeks from the judgment of the Court with interest @ 12% p.a. from the date of payment till the date of returns. Learned counsel for the petitioners submit that the question relating to refund was further subject matter of proceedings, which were being monitored by the Apex Court in Transfer Petition (Civil) No. 100 of 2006(Annexure -4) vide order dated 30.10.2007. The Apex Court while accepting the apology tendered by the contemnors/ concerned authorities of the subsidiaries of Coal India Limited directed that : - (i) The petitioners shall furnish all documents to the learned Advocates 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 concerned Coal companies within four 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. ;