O R D E R

1. These applications have been moved by the respondent No.2 praying inter alia for directions to the appellant to pay interest on the principal sum of ₹60,23,34,148/- (Rupees Sixty Crores Twenty Three Lakhs Thirty Four Thousand One Hundred Forty Eight only) at 18% per annum from the date the said amount became due and payable till realisation.

2. It is stated by learned counsel for the applicant that the applicant had filed writ petitions1 before the High Court of Karnataka challenging the order passed by the appellant to deduct a sum of ₹90/- (Rupees Ninety only) per metric ton on all the bills payable to the respondent and further for directing the appellant to refund a sum of ₹59,78,00,000/- (Rupees Fifty Nine Crores Seventy Eight Lakhs only) deducted from the amounts payable to the applicant Signature Not Verified Digitally signed by geeta ahuja Date: 2024.09.02 together with interest @ 18% per annum.

09:58:50 IST Reason:

Writ Petitions No.2995-2996 of 2016

3. It is not in dispute that vide judgment dated 24th March, 2016, the captioned writ petitions filed by the applicant were allowed by the Division Bench of the High Court of Karnataka. A challenged was laid to the aforesaid judgment before this Court which was repelled vide judgment dated 20th May, 2022.

4. Pursuant thereto, the non-applicant-appellant has refunded the principal sum of ₹59,78,00,000/- (Rupees Fifty Nine Crores Seventy Eight Lakhs only) to the applicant in tranches, out of which, the last instalment was released on 03rd November, 2022. Aggrieved by the action of the appellant in retaining the principal amount paid by the applicant and failing to pay interest thereon, these applications have been moved.

5. Learned Advocate General appearing for the non-applicant states that a reply in opposition to these applications has been filed. It is contended that once the principal amount has been released, nothing further is due or payable to the applicant towards interest.

6. We have enquired from learned Advocate General as to the rate of interest that the non-applicant has been claiming from the applicant in the past;

he states on instructions that interest rate ranged between 14.25 to 16.15%.

7. We have perused the application and the objections filed by the non- applicant and are of the opinion that interest of justice would be met and it would be equitous if the non-applicant is directed to pay interest to the applicant on the aforesaid amount @ 12% per annum w.e.f. 01st November, 2022(the month in which the last instalment of the principal amount of ₹10,23,00,000/- (Rupees Ten Crores Twenty Three Lakhs only) was released by the non-

applicant in favour of the applicant.

8. The interest component shall be calculated and released in favour of the applicant within four weeks from today along with a statement of computation filed on an affidavit with a copy furnished to the learned counsel for the applicant.

9. The applications are disposed of.

……………………….......................J.

( HIMA KOHLI )

……………………….......................J.

( SANDEEP MEHTA )

NEW DELHI

23rd AUGUST, 2024

GA

ITEM NO.66 COURT NO.9 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS MISCELLANEOUS APPLICATION NO. 1435-1438/2024 IN C.A. NO. 5401-

5404/2017 (Arising out of impugned final judgment and order dated 20-05-2022 in C.A. No. No. 5404/2017 20-05-2022 in C.A. No. No. 5401/2017 20-

05-2022 in C.A. No. No. 5402/2017 20-05-2022 in C.A. No. No.

5403/2017 passed by the Supreme Court Of India)

M/S KARNATAKA POWER CORPORATION LIMITED PETITIONER(S)

VERSUS EMTA COAL LIMITED & ANR. RESPONDENT(S)

IN THE MATTER OF :

KARNATAKA EMTA COAL MINES LIMITED APPLICANT (IA No.175683/2024-APPROPRIATE ORDERS/DIRECTIONS )

Date : 23-08-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. Abhimanyu Bhandari, Sr. Adv.

Ms. Rooh-e-hina Dua, AOR For Respondent(s) Mr. Shashikiran Shetty, AG, Karnataka Sakshi Prem, Adv.

Mr. Ajay