V.R.KRISHNA IYER, A.P.SEN, O.CHHINNAPPA REDDY
New Satgram Engineering Works: Union Of India – Appellant
Versus
Union Of India: New Satgram Engineering Works – Respondent
Judgment
SEN, J.:- These appeals by special leave from a judgment of the Delhi High Court, involve interpretation of Sec. 2 (h) of the Coal Mines (Nationalisation) Act, 1973, as amended by the Coal Mines Nationalisation Laws (Amendment) Act, 1978, as well as of sub-section (2) of Section 18 read with sub-sections (3) and (4) of Section 19 of the Act.
2. The importance of this case in its legal aspect consists in the question as to whether the Central Government has the power under sub-section (3) of Section 19 of the Act to receive up to the specified date, i. e., June 30, 1975, any money due to a coal mine notwithstanding that the realisation pertains to a period prior to that date, even though such amounts may not be the "current assets", by reason of Explanation to Section 2 (h) (xii), and to apply such realisations under sub-section (4) thereof to discharge the liabilities of such coal mine which could not be discharged by the appointed day, i. e., May 1, 1973.
3. The facts of the case are as follows :-
Messrs Shethia Mining & Manufacturing Corporation, Calcutta apparently owned three non-coking coal mines, two in the State of West Bengal viz., New Satgram and New Jamuria coal mine
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