Madras Steel Re-Roller Association v. Union of India
2001-04-18
K.SAMPATH, N.K.JAIN
body2001
DigiLaw.ai
Judgment :- N.K. JAIN, C.J. The appellants in these Writ Appeals have filed separate appeals against the common order of the learned single Judge dated 29-9-2000 passed in W.M.P. No. 23542 of 1997, etc. batch in W.P. No. 14672 of 1997, etc. batch. 2.The appellant association in W.A. No. 2036 of 2000 and other individual companies approached this Court praying to declare Rule 5 of Hot Re-rolling Steel Mills Annual Capacity Determination (Amendment) Rules, 1997 as ultra vires. They also prayed for consequential injunction and stay. Learned single Judge, by order dated 11-11-1997, granted interim injunction and stay as prayed for, which was subsequently extended. Ultimately, by order dated 29-9-2000, the learned single Judge vacated the interim orders granted earlier. Challenging the same, the appellants are before us. 3.Learned Counsel for the appellants submits that the appellant in W.A. No. 2036 of 2000 is an association consisting of 14 members. Learned Counsel submits that the learned single Judge had not appreciated the facts properly. He further submits that the learned single Judge was carried away by the incorrect illustrations. It is submitted that both the appellants are aggrieved only against Rule 5 of the Rules. He prays for the interference of this Court. 4.We have heard the learned Counsel appearing for the appellants and perused the materials on record. Generally, this Court will not interfere with the interim orders passed by the learned single Judge unless special circumstances warrant. As seen from the facts, 13 members of the Association leaving out one Sri Rama Machinery Corporation Ltd. pray for consideration of stay application. On consideration, without going into the merits of the case, we are of the view that it is not proper for this Court to go into the validity of Rule 5 of the Rules at this stage when the matter is still pending before the learned single Judge for consideration as to the balance of convenience and interest of both the parties. In the facts and circumstances of the case and to safeguard the Revenue, we are inclined to pass an order directing the abovementioned 13 members of the Association to pay a sum of Rs. Three Crores. Out of the said amount, a sum of Rs. Two Crores has to be paid within twelve weeks from today and the remaining sum of Rs. One Crore has to be paid within a period of four weeks thereafter.
Three Crores. Out of the said amount, a sum of Rs. Two Crores has to be paid within twelve weeks from today and the remaining sum of Rs. One Crore has to be paid within a period of four weeks thereafter. We make it clear that this is only an interim arrangement. If any of the instalments is not paid within the stipulated time, this order will stand discharged automatically and the respondents will be free to take action as per law. It is made clear that this order will not be applicable to Sri Rama Machinery Corporation Ltd. and the authorities are free to take action against them. We further direct that as soon as the entire amount is paid as above, the parties are free to move an application for early disposal before the learned single Judge and it is expected that the learned single Judge, considering the urgency of the matter, would dispose of the main writ petitions at an early date. Both the writ appeals are disposed of accordingly. Connected C.M.Ps. are closed.