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2010 Supreme(SC) 299

S.H.KAPADIA, SWATANTER KUMAR
Commissioner of Central Excise – Appellant
Versus
Bharat Petroleum Corp. – Respondent


Advocates appeared:
M. Chandrasekharan, Sr. Adv., Rupesh Kumar and Pankhuri Shrivastava, Advs. in SLPs
Parijat Sinha, Reshmi Rea Sinha, S.C. Ghosh, Vikram Ganguly and Anil Kumar Mishra, Advs. in CA 1903/08
G.E. Vahanvati, A.G., Arijit Prasad, D.D. Kamath, B.V. Balaram Das and Anil Katiyar, Advs.

ORDER

S.L.P.(C) No. 31136/2009:

1. De-linked, to be listed separately.

Civil Appeals Nos. 1903/2008, 7571/2009 & S.L.P.(C) No. 2538/2009:

2. On 11th October, 1991, a Bench of three Judges of this Court, in the case of Oil and Natural Gas Commission v. Collector of Central Excise reported in: 1995 Supp (4) SCC 541 after noting the Report of the Cabinet Secretary, ordered as follows:

3. We direct that the Government of India shall set up a Committee consisting of representatives from the Ministry of Industry, the Bureau of Public Enterprises and the Ministry of Law, to monitor disputes between Ministry and Ministry of Government of India, Ministry and public sector undertakings of the Government of India and public sector undertakings in between themselves, to ensure that no litigation comes to Court or to a Tribunal without the matter having been first examined by the Committee and its clearance for litigation. Government may include a representative of the Ministry concerned in a specific case and one from the Ministry of Finance in the Committee. Senior officers only should be nominated so that the Committee would function with status, control and discipline.

4. It shall be the obligati




































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