Union Carbide Corporation Limited v. Union of India
2006-12-04
B.N.SRIKRISHNA, LOKESHWAR SINGH PANTA
body2006
DigiLaw.ai
ORDER : B.N. Srikrishna and L.S. Panta. JJ. The Chairman of the Monitoring Committee has addressed a letter to the Assistant Registrar of this Court pointing out that the notice of this Court was received by him only on 16-3-2006 and that there are three holidays between 18-3-2006 to 20-3-2006, as a result of which he is unable to file the affidavit as directed. He requests for some more time for filing the affidavit. 2. The Chairman of the Monitoring Committee shall file the affidavit as directed by our order dated 28-2-2006 on or before 24-4-2006. IAs Nos. 50-51 in CAs Nos. 3187-88 of 1988 3. Mr R.K. Jain, the learned Senior Counsel, has tendered a sealed cover which is said to contain the audited accounts of Bhopal Memorial Hospital Trust for the Accounting Years 1998-1999 to 2003-2004 as directed by this Court on 2-9-2005. The principal prayer in these applications is for the release of the balance amount of approximately Rs. 37.65 crores together with interest accrued thereon, which was earmarked, according to Mr Jain, for release to Bhopal Memorial Hospital Trust, although it is strongly refuted by Ms Indira Jaising, the learned Senior Counsel for the victims. 4. The question, for what purpose the amount has been attached and whether the money is kept with this Court, or whether it should be released to Bhopal Memorial Hospital, can be taken up only when we are able to dispose of the objection raised by Ms Indira Jaising that no proper accounts have been kept of the money already released. This is an allegation, which is being made without having any access to the accounts. In order to remove any such misgivings, without casting any reflection whatsoever on the trustees in the management of Bhopal Memorial Hospital, we think that a chartered accountant appointed by the Bhopal Gas Peedith Mahila Udyog Sangathan along with the Advocate-on-Record shall he permitted to take inspection of the audited accounts of Bhopal Memorial Hospital Trust for the years 1998- 1999 to 2003-2004. This may be done within a period of two weeks from today. A report containing objections, if any, shall be filed in the Court within, a period of one week thereafter, simultaneously serving a copy on the applicants. 5. List for hearing on 2-5-2006. IAs Nos. 54-55 in CAs Nos. 3187-88 of 1988. 6. The interlocutory applications are disposed of. IAs Nos.
A report containing objections, if any, shall be filed in the Court within, a period of one week thereafter, simultaneously serving a copy on the applicants. 5. List for hearing on 2-5-2006. IAs Nos. 54-55 in CAs Nos. 3187-88 of 1988. 6. The interlocutory applications are disposed of. IAs Nos. 56-57 in CAs Nos. 3187-88 of 1988 7. Adjourned. IAs Nos. 48-49 in CAs Nos. 3187-88 of 1988 8. List on 2-5-2006.