IMPORTANT POINT
Contempt case – Order passed by Court has to be faithfully complied with.

JUDGMENT :

SANDEEP MEHTA, J.

1. Leave granted.

2. The appellant has approached this Court seeking to assail the order dated 17th March, 2016 passed by the learned Single Judge of the High Court of Jharkhand whereby the contempt application preferred by the appellant alleging non-compliance of order dated 22nd September, 2008 passed by the learned Single Judge of the High Court in Writ Petition (Civil) No. 3040 of 2005 was dismissed.

3. The appellant claims to have paid a higher price than the notified price in an e-auction conducted by the respondent, towards lifting of consignments of coal. After the coal had been lifted, the appellant and other similarly placed companies sought refund of the price paid by them over and above the notified price.

4. However, the prayer for refund was not acceded to, upon which the appellant instituted Writ Petition (Civil) No. 3040 of 2005 before the Jharkhand High Court claiming refund of excess price paid by it over and above the notified price towards e-auction of lifting of consignments of coal by the respondent Company.

5. Likewise, numerous other similarly situated aggrieved coal consumers filed writ petitions before different High Courts across the country. These writ petitions were transferred to this Court as same involved substantial question of general importance. However, the writ petition filed by the appellant was not transferred and remained pending before the Jharkhand High Court.

6. The issue was adjudicated by this Court vide order dated 30th October, 2007 in the case of Somal Pipes Pvt. Ltd. vs. Coal India Ltd. and Others (Transfer Petition (Civil) No. 100 of 2006). The learned Solicitor General of India made a statement before this Court on behalf of the respondents that the difference of price paid by the party from the period running from 12th December, 2005 to 1st December, 2006 shall be refunded.

7. In view of the above development, the appellant filed an Interlocutory Application No. 4 of 2008 in the pending writ petition seeking a direction to refund of excess price paid over and above the notified price for the period running between January, 2005 till October, 2007 along with 12% interest per annum.

8. Learned Single Judge allowed I.A. No. 4 of 2008 vide order dated 22nd September, 2008 and directed as follows:

“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 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 the 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.

In view of the aforementioned directions, personal appearance of the alleged contemnors is dispensed with till further orders. Post this matter for further orders, if any, on 8th January 2008.”

Learned counsel for the petitioner submits that in the light of the above direction of the Apex Court, the petitioner is entitled to refund of the excess payment made by the petitioner over and above the notified price.

Considering the above facts and circumstances, in terms of the above stated order of the Apex Court, the petitioner shall, furnish all requisite documents if not already furnished, to the counsel for the respondents, showing actual payments made to any of the subsidiaries, to enable assessment in proper perspective regarding the actual payment of money made, if any, by the petitioner over and above the notified price. After making final assessment in this regard, the parties shall sit together and decide all the issues relating to refund of the excess am