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1994 DIGILAW 1189 (SC)

Union Carbide Corporation Ltd. v. Union of India

1994-10-20

M.N.VENKATACHALIAH, S.MOHAN

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JUDGMENT : Venkatachaliah, CJI. Sir Ian Percival, the Sole Trustee, Bhopal Hospital Trust has submitted a Report. Tilts Report is placed on record. 2. The two points in the Report that may require consideration presently are as to the exemption from the Duties of Custom on the equipment to be imported for the Hospital. Union of India appears to have indicated their intention to exempt the imports of Hospital equipment. The exemption shall be confined to the actual import duty. So far as the transfer of funds sought for purchase of equipment are concerned, the matter will rest with the Committee constituted, by the Government. The Committee shall decide how much and at what times the monies have to be spent on the purchase of equipment from outside India. 3. All other matters raised in the Report are merely placed on record without any specific sanction or orders thereon. 4. There is yet another point which Sir Ian Percival brought to our notice. He stated that, subsequently he had received a sum of Rs. 4 crores by way of dividends on the pledged shares which have since been sold. How much of this Rs. 4 crores could be said to be an accretion to the shares the proceeds of which have gone to the Hospital fund and how much be apportioned towards the account held under attachment is unnecessary in view of the statement of Sir Ian Percival that he would secure the consent of the Union Carbide Corporation for the appropriation of this sum also towards the Hospital fund if the court permits. We think, we ought permit its application towards Hospital fund and direct that in such an event the amount need not be credited to the account under attachment but to the Government of India for purposes of the Hospital. We have asked Sir Ian Percival to file into this Court a notarised copy of the Instrument of Trust within four weeks.