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1999 DIGILAW 422 (CAL)

Ispat Industries Limited v. Union of India

1999-08-05

AJOY NATH RAY

body1999
JUDGMENT The writ petitioners claim that an interim order should be passed today in aid of their writ restraining the conversion of about Rs., 5,000/crores credit held with the respondent No.5, SAIL, into equity. 2. From the petition it appears that certain additional sums were permitted to be collected by the main steel producers, including the respondent No.5, between the years 1978 and 1994 for the purpose of constituting a Steel Research and Development Fund, or for giving assistance to the main steel producers by way of compensation for increasing costs. 3. According to Mr. Chatterjee, the above sum of Rs. 5,000/- crore has not been allowed to be kept by way of compensation and, therefore, the concerned and qualified steel producers all over the country are entitled to a share, on a reasonable basis, of the development fund. 4. The respondents and intervener TISCO have appeared and opposed the writ application and the grant of interim order. 5. According to Mr. Mitra, who appeared for the respondent No. 5, the collection being made by and through the five main steel producers, Mr. Chatterjee's clients are not entitled to a share in it. 6. Mr. Mallick for TISCO also supported this submission. 7. Mr. Roy Choudhury, appearing for the respondent Nos. 2 and 4 as well as Mr. Mitra and Mr. Mallick, pointed out that the main paragraphs in the petition which were relied upon by Mr. Chatterjee being Paragraphs 12, 13, 27 and 28 are practically non-existent because these are all matters of fact verified as mere submissions. 8. Mr. Chatterjee's reply was that there might have been an error in the verification, yet if leave is granted, the appropriate rectifications will be made expeditiously. In my opinion, the matter should be dealt with on the broad aspect. The collection of funds was made years ago between 1978 and 1994. These funds have all along been with the public respondents or the main steel producers. It is a very far-fetched expectation for a new steel producer to say that it came up with a view to possible sharing in the development fund which had been created and had been in operation between 1978 and 1994. 9. The verification as it stands should determine the fate of this application. The matter of verification is a serious matter because facts like grant of interest, like information that Rs. 9. The verification as it stands should determine the fate of this application. The matter of verification is a serious matter because facts like grant of interest, like information that Rs. 5,000/- crore is going to be converted into equity, if brought in all seriousness before the writ Court with a view to obtaining orders by moving the heavy machinery of the high prerogative writ, then, and in that event, the persons seeking to bring about that movement of the heavy machinery must pay all due attention and care. 10. Any slipshod approach to the writ Court in a heavy matter like this involving Rs. 5,000/- crore and the possible restraint of several wings of the Government from dealing with Rs. 5,000/- crore as they please must mean dismissal of the application itself. 11. It is not an appropriate matter where leave to correct verification should be granted as a matter of course. If the person verifying the paragraphs was not prepared to vouch his oath in the beginning, it must be assumed, that he was not so prepared, on a due consideration of the matter made by him or them at the relevant time. 12. It should not be forgotten that an improper or a false verification might land one-up in jail, although, unfortunately, this does not happen very often in our country today. 13. The application as it stands appears to be unmeritorious and merely pressure creating by utilizing the machinery of the writ Court for an extraneous purpose. Nobody can come to the reasonable conclusion on the basis of this writ that the writ petitioners entertained a reasonable hope for likely success in their minds that they would be able to participate in the old development fund by way of invocation of Article 14 in the writ Court. 14. Their representation to the Government made in 1999 is a representation which is the product of problems faced by the steel industries because of recent Government policies. Approaching the writ Court to have Government policies altered is an improper motive. 15. Affidavits are not called for. The writ application is dismissed with costs of Rs. 10,000/- each in favour of the appearing respondents and TISCO. Lex xerox certified copy of this order be made over to the learned Advocates appearing for the parties.