NIRDHOOM INDHAN PVT. LTD. Vs. COAL INDIA LTD.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners in both writ petitions have a claim for refund of the amounts along with interest collected in excess of notified price during the prevalence of e -auction scheme of the Coal India Limited, which was held to be illegal and constitutionally invalid in view of the judgment rendered by the Apex Court in the case of Ashoka Smokeless Coal India (P) Ltd. Vrs. Union of India reported in (2007) 2 SCC 640. Petitioners have therefore, approached this Court for refund of the aforesaid amount along with interest.

(3.) Learned senior counsel for the petitioners submits that pursuant to the quashing of the e -auction scheme in view of the judgment rendered by the Apex Court in the case of Ashoka Smokeless Coal India (P) Ltd.(supra), several writ petitions were filed seeking refund of excess money collected by the respondents - Coal Companies, such as Central Coalfields Limited, Eastern Coalfields Limited. The Apex Court in the case of Eastern Coalfields Limited Vrs. Tetulia Coke Plant(P) Ltd. reported in (2011) 14 SCC 624 held that consequent to the scheme itself being set at naught by the Apex Court, whatever action has been taken following e -auction scheme by the Coal Companies, has also been declared to be illegal and therefore the Coal Companies become liable to refund the entire money which it has collected in excess of the notified price. This is consequent to the quashing of the scheme which was reiterated by the Hon'ble Apex Court wherein contempt petition was filed and disposed of also. It is submitted that the claim of refund was therefore not in the realm of doubt after the pronouncement of the judgment rendered by the Apex Court in the case of Tetulia Coke Plant(P) Ltd.(supra). However similar matters again came before the Apex Court arising out of judgment rendered by the Patna High Court in the case of S.J.Coke Industries Private Limited & others Vrs. Central Coalfields Limited & others. Learned counsel for the petitioners submit that now the issue involved is no longer res -integra as the Apex Court in the case of S.J.Coke Industries Private Limited & others Vrs. Central Coalfields Limited & others reported in (2015) 8 SCC 72 has been pleased to hold that the issue of refund having been squarely adjudicated in the case of Tetulia Coke Plant(P) Ltd.(supra) there is no justification on the part of the Coal Companies to deny benefit of such law on the ground of parity. Learned counsels for the petitioners submit that the plea raised by the Coal Companies have been squarely negated after a comprehensive discussion and the Apex Court was of the view that after law has been declared on the subject, individual Coal Companies do not have justifiable basis to resist the claim of refunds. These petitioners have therefore pressed for claim of refund relying upon the judgment rendered in the case of S.J.Coke Industries Private Limited & others (supra).