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2009 Supreme(SC) 388

S.B.SINHA, MUKUNDAKAM SHARMA
Nifty Chemicals Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Appearing Advocates:
For the Appellant:M.L. Verma, Sr. Advocate, Manish Kumar Saran, Ms. Jyoit Mendiratta, S. Chandra Shekhar, Manish Pitale, Chander Shekhar Ashri, Manish Kumar Saran, Nirmal Kumar Ambastha Advocates.
For the Respondent:Anip Sachthey, Mohit Paul, Anil Katiyar, S.P. Singh, Mrs. Kiran Bhardwaj, D.S. Mehra, Cp. Capt. Karan Singh Bhati, Ms. Sweta Rani, Ms. Rekha Giri, Ajit Kumar Sinha, V.K. Verma, Advocates.

Judgment :

Dr. Mukundakam Sharma, J.

1. By this order we propose to dispose of the above mentioned interlocutory applications arising out of Transfer Case Nos. 113, 115, 117, 118, 119, 120, 121, 122 of 2005 and contempt petition No. 47 of 2008 in T.C. (C) 116/2005 and contempt petition No. 49 of 2008 in T.C. (C) 112/2005.

2. The basic facts in all these applications are similar. Therefore, the facts in I.A. No. .....with I.A. Nos. 1-2 in T.C. (Civil) No. 113 of 2005 are taken as illustrative for the purpose of our decision.

3. The present application is filed on behalf of the four applicants, namely, M/s. Trimurti Moulds Pvt. Ltd., Coventry Stonewares Pvt. Ltd., Vidharbha Ceramics Pvt. Ltd. and Ceramics Industries (I) Pvt. Ltd. through their respective Directors praying for issuance of directions to the M/s. Western Coalfields Ltd. (a subsidiary of Coal India Ltd) being respondent herein for implementation and execution of the direction given by this Court in its order dated 30.10.2007 in T.P. (C) No. 100 of 2006. The prayer was to the following effect:-

(i) Direct the respondent Coal Company i.e. M/s. Western Coalfields Ltd. to implement and obey their own undertaking given before




























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