SOMAL PIPES PRIVATE LIMITED vs COAL INDIA LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(SC) 1397

(2009) 16 Supreme Court Cases 721
S.B. SINHA AND P.P. NAOLEKAR, JJ.
SOMAL PIPES PRIVATE LIMITED – Petitioner
Versus
COAL INDIA LIMITED AND OTHERS – Respondents.
Transfer Petition (C) No. 100 of 2006 with IAs Nos. 1-3 in TP (C) No. 97 of 2006, IAs Nos. 1-3 in TP (C) No. 11 of 2006, IA No.2 in TP (C) No. 15 of 2006, IA No.1 in TP (C) No. 16 of 2006, CP (C) No. 50 of 2007 in TP (C) No. 41 of 2006, CP (C) No. 56 of 2007 in CA No. 5317 of 2006, CP (C) No. 71 of 2007 in TP (C) No. 100 of 2005, IA No.7 in CA No. 5324 of 2006, CP (C) No. 135 of 2007 in CA No. 5314 of 2006, CPs (C) Nos. 138-39 of 2007 in CA No. 5302 of 2006, CP (C) No. 18 of 2006 in TC (C) No. 101 of2005, IA No.1 in TC (C) No. 101 of 2005, CP (C) No. 19 of 2006 in TC (C) No. 19 of 2006, IA No. 1 in TC (C) No. 7 of 2006, IAs Nos. 2-4 in TC (C) No. 27 of 2006, IA No.4 in CP (C) No. 138 of 2007 in CA No. 5324 of 2006, IA No. 8 in CA No. 5324 of 2006, IAs Nos. 3-11 in CA No. 5303 of 2006, IA No.3 in CA No. 5304 of 2006, IA No.3 in CA No. 5307 of 2006
Decided on : October 30,2007

Advocates appeared:
Raju Ramachandran, M.L. Varma and P.P. Rao, Senior Advocates (Devashish Bharuka, Ms Hansa Bharukha, Pankaj Bhagat, S.D. Sanjay, Dr. Sushi[ Balwada, Rudreshwar Singh, Tapesh Kr. Singh, Kaushik Poddar, Jitendra Mohan Sharma, Manish K. Saran, R. Krishna, Nirmal Kumar, S. Chandra Shekhar, Ashwani K. Dhatwalia, Amit Meharia and Rajesh Singh, Advocates), for the Petitioner;
G.E. Vahanvati, Solicitor General, Gopal Subramanium, Additional Solicitor General (Anip Sachthey, Mohit Paul, V.K. Verma, R.A. Rana, R.C. Kiathia, D.S. Mahra, Ajit .
Kr. Sinha, Rana Mukherjee, Siddharth Gautam, Goodwill Indeevar and B.B. Singh, Advocates) for the Respondents.

Headnote:Contempt of Courts Act, 1971, Sections 2(b) and 12 – Contemt proceedings – Notice for - Unqualified apology - Tendered by Solicitor General on behalf of alleged contemners - Apology allowed with certain directions.
[Paras 2 and 3]

ORDER

1. Let the amount deposited by Coal India Ltd. be invested on a short-term fixed deposit for sixty days.

2. It is stated by the learned Solicitor General that Mr A.P. Singh, General Manager (Sales), CCL, has not been able to appear in Court today as his father has expired. His personal appearance is exempted. The learned c Solicitor General appearing on behalf of the alleged contemnors tenders an unqualified apology on their behalf. The learned Solicitor General does not press the other IAs. He also does not press the other contentions raised in the affidavits of the respective alleged contemnors. It is submitted by the learned Solicitor General that the amount paid by the petitioners, in excess of the ' notified price shall be refunded to them upon verification of the documents t which may be submitted in that behalf.

3. We, while accepting the apology tendered by the alleged contemnors, direct as under:

(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 Coal India Ltd. and the difference C between the amount paid and the amount notified by 12-11-2007.

(ii) The documents furnished by the petitioners shall be verified by the officers of the coal companies concerned 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 a solution.

(iv) The bank guarantee furnished by the petitioners shall stand discharged.

In view of the aforementioned directions, personal appearance of the alleged contemnors is dispensed with till further orders.

4. Post this matter for further orders, if any, on 8-1-2008.

Court Masters

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2007 Supreme(SC) 1397

Headnote:Contempt of Courts Act, 1971, Sections 2(b) and 12 – Contemt proceedings – Notice for - Unqualified apology - Tendered by Solicitor General on behalf of alleged contemners - Apology allowed with certain directions. [Paras 2 and 3]

Headnote:Contempt of Courts Act, 1971, Sections 2(b) and 12 – Contemt proceedings – Notice for - Unqualified apology - Tendered by Solicitor General on behalf of alleged contemners - Apology allowed with certain directions.
[Paras 2 and 3]