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2006 DIGILAW 671 (DEL)

J. K. SYNTHETICS v. UNION OF INDIA

2006-04-15

MUKUL MUDGAL, P.K.BHASIN

body2006
MUKUL MUDGAL, J. ( 1 ) CM. NO. 4704/06 (AMENDMENT of cause title) the application is allowed. The cause title is allowed to be changed as per the prayer made in Para 4 of this application. CM stands disposed of. WP (C) 717/1981 the issue involved in the present writ petition was the subject matter of an order dated 17th January, 2002 passed by the Hon ble Supreme Court in civil Appeal No. 2459 of 1991 entitled "kanoria Industries Ltd. and Another Vs union of India and Others". The said order dated 17th January, 2002 is reproduced as under:-"having heard the learned counsel on both sides and having considered the various questions arising in this case, we think it appropriate that points in dispute could be resolved by referring the matter to the Tariff Commission or to the Technical Committee to be constituted by the Ministry of Commerce within a period of four weeks from today. To facilitate such reference the appellants shall make a representation within four weeks from today. If the Tariff Commission/technical Committee desires, the appellants may be heard in person. The decision to be rendered by the same shall be binding on both the parties. Let the matter be decided by Tariff Commission or Technical committee within six months from today. The appeal shall stand disposed of in the aforesaid terms. " ( 2 ) THEREAFTER on 11th March, 2004 the following order was passed by a division Bench of this Court in WP (C) 2348/81:-"wp (C) 2348/81 we have perused the order passed by Supreme Court in a matter of Kanoria industries Ltd. and Anr. Vs. Union of India dated 17. 1. 2002. We direct the petitioner to deposit the amount of Rs. 4 crores subject to reconciliation of the amount which has already been debited from the account of the petitioner. The amount of Rs. 4 crores be deposited in four equal monthly instalments. The first instalment of Rs. 1 crore be paid on or before 1. 4. 2004 It would be appropriate that points in dispute should be resolved by referring the matter to the Tariff commission/committee constituted by the Ministry of Commerce and Ministry of industry within a period of eight weeks from today. To facilitate such difference the petitioner shall make a representation within four weeks. 1 crore be paid on or before 1. 4. 2004 It would be appropriate that points in dispute should be resolved by referring the matter to the Tariff commission/committee constituted by the Ministry of Commerce and Ministry of industry within a period of eight weeks from today. To facilitate such difference the petitioner shall make a representation within four weeks. The tariff Commission/committees shall decide the matter after hearing the parties as far as possible within a period of six months. Liberty is granted to either parties to approach this Court after the decision of said Commission for appropriate directions. The question of payment of interest shall be decided after the decision of the Tariff Commission/committee. On deposit of Rs. 4 crores by the petitioner the bank guarantee be released in favour of the petitioner. With this direction writ petition stands disposed of. " ( 3 ) THE learned counsel for the parties have suggested that similar orders be passed in this matter except to the terms of the amount to be deposited. ( 4 ) AFTER hearing the learned counsel for the parties, we are of the view that while following the aforesaid order dated 11th March, 2004 passed by the division Bench, it is directed that the amount of Rs. 2. 72 crores be deposited in 3 instalments within 2 months and the first instalment is required to be paid to the respondent on or before 5th May, 2006. It would further be appropriate that points in dispute should be resolved by referring the matter to the Tariff commission/committee constituted by the Ministry of Commerce and Ministry of industry within a period of eight weeks from today. To facilitate such difference the petitioner shall make a representation within four weeks. The tariff Commission/committees shall decide the matter after hearing the parties as far as possible within a period of six months from the first date of its entering the reference. Liberty is granted to either parties to approach this court after the decision of said Commission for appropriate directions. The question of payment of interest shall be decided after the decision of the tariff Commission/committee. Since the petitioner has already furnished a bank guarantee in this Court, the amount in the bank guarantee shall stand deduced upto 50% and a fresh bank guarantee of 50% of Rs. 2. The question of payment of interest shall be decided after the decision of the tariff Commission/committee. Since the petitioner has already furnished a bank guarantee in this Court, the amount in the bank guarantee shall stand deduced upto 50% and a fresh bank guarantee of 50% of Rs. 2. 72 crores shall be submitted in this Court to the satisfaction of the Registrar General of this Court not later than 4 weeks from today. ( 5 ) THE learned counsel for the petitioner has also relied upon an order of the Division Bench dated 27th January, 1999 passed in WP (C) 2348/81 by which an inspection of the relevant files was ordered in the said writ petition. The learned counsel for the respondents, Shri Kailash Gambhir states that following the mandate of the said order dated 27th January, 1999 as and when a request is made for inspection of the appropriate documents that shall be granted. ( 6 ) IN view of the aforesaid directions, the writ petition stands disposed of. .