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2016 DIGILAW 863 (JHR)

Amba Carbonization Pvt. Ltd. Ranchi v. Central Coalfields Ltd. Darbhanga House, Ranchi through its Chairman-cum-Managing Director

2016-05-18

APARESH KUMAR SINGH

body2016
ORDER : APARESH KUMAR SINGH, J. 1. Heard learned counsel for the parties. 2. Petitioners in both the writ petitions have a claim for refund of the amounts along with interest collected in excess of notified price during the prevalence of e-auction scheme of the Coal India Limited, which was held to be illegal and constitutionally invalid in view of the judgment rendered by the Apex Court in the case of Ashoka Smokeless Coal India Pvt. Ltd. vs. Union of India, reported in (2007) 2 SCC 640 . Petitioners have therefore, approached this Court for refund of the aforesaid amount along with interest. 3. Learned counsel for the petitioners submits that pursuant to the quashing of the e-auction scheme in view of the judgment rendered by the Apex Court in the case of Ashoka Smokeless Coal India Pvt. Ltd. (supra), several writ petitions were filed seeking refund of excess money collected by the respondents - Coal Companies, such as Central Coalfields Limited, Eastern Coalfields Limited. The Apex Court in the case of Eastern Coalfields Limited vs. Tetulia Coke Plant Pvt. Ltd. reported in (2011) 14 SCC 624 held that consequent to the scheme itself being set at naught by the Apex Court, whatever action has been taken following e-auction scheme by the Coal Companies, has also been declared to be illegal and therefore the Coal Companies become liable to refund the entire money which it has collected in excess of the notified price. This is consequent to the quashing of the scheme which was reiterated by the Hon'ble Apex Court wherein contempt petition was filed and disposed of also. It is submitted that the claim of refund was therefore not in the realm of doubt after the pronouncement of the judgment rendered by the Apex Court in the case of Tetulia Coke Plant Pvt. Ltd. (supra). However similar matters again came before the Apex Court arising out of judgment rendered by the Patna High Court in the case of S.J. Coke Industries Private Limited and others vs. Central Coalfields Limited and others. However similar matters again came before the Apex Court arising out of judgment rendered by the Patna High Court in the case of S.J. Coke Industries Private Limited and others vs. Central Coalfields Limited and others. Learned counsel for the petitioners submit that now the issue involved is no longer res-integra as the Apex Court in the case of S.J. Coke Industries Private Limited and others vs. Central Coalfields Limited and others, reported in (2015) 8 SCC 72 has been pleased to hold that the issue of refund having been squarely adjudicated in the case of Tetulia Coke Plant Pvt. Ltd. (supra) there is no justification on the part of the Coal Companies to deny benefit of such law on the ground of parity. Learned counsel for the petitioners submit that the plea raised by the Coal Companies have been squarely negated after a comprehensive discussion and the Apex Court was of the view that after law has been declared on the subject, individual Coal Companies do not have justifiable basis to resist the claim of refunds. These petitioners have therefore pressed for claim of refund relying upon the judgment rendered in the case of S.J. Coke Industries Private Limited & others (supra). 4. Respondent-C.C.L. have filed their counter affidavit in both the writ petitions. Learned counsel for the respondents has taken the ground of unjust enrichment and contended that the ratio rendered by the Constitution Bench of Apex Court in Presidential Reference i.e. In Re, Special Reference No. 01/2012 have not been canvassed before the Apex Court in the case of S.J. Coke Industries Private Limited & others (supra). According to the Respondents, this issue so far as the respondent-Coal Company is concerned, is still open. 5. However, the Apex Court has made a specific declaration of law in the case of S.J. Coke Industries Private Limited & others (supra) after consideration of the judgment rendered earlier on the subject in the case of Ashoka Smokeless Coal India Pvt. Ltd. (supra) and Tetulia Coke Plant Pvt. Ltd. (supra) referred therein. Reference may also be made to the categorical observation of the Apex Court at paragraphs-39, 44 and 47 of the report. Reference may also be made to the categorical observation of the Apex Court at paragraphs-39, 44 and 47 of the report. The question of refund raised in by the present petitioners are in the nature of those raised by other parties in the case which have been decided by the Apex Court in the case of S.J. Coke Industries Private Limited & others (supra), in relation to the Coal Companies like the present respondents Central Coalfields Ltd and Eastern Coalfields Limited referred to herein above. Para 24 to 36 of the judgment rendered in the case S.J. Coke Industries Private Limited & others (supra) contain opinion of the Apex Court and the ratio rendered. 6. Having considered the relevant aspects of the pleadings on behalf of the parties as noticed herein above, it would only be proper that the respondents examine the cases of individual petitioners in respect of their claim for refund along with interest in the light of the judgment rendered by the Apex Court in the case of S.J. Coke Industries Private Limited & others (supra) and come to an informed decision on individual claims of each of the petitioners. 7. Individual petitioners are therefore required to make their representation together with all necessary facts and documents before the competent authority under the respondent-BCCL/the General Manager (S&M), Bharat Coking Coal Limited, Dhanbad. Let such consideration be made in accordance with law by the respondents within a reasonable time preferably 16 weeks from the date of receipt of the copy of this order along with representations filed on behalf individual petitioners. 8. Needless to say that upon such consideration, if claim of the individual petitioners are found admissible, the amount in question be refunded along with interest @ 6% as per the ratio laid down by the Apex Court in the case of S.J. Coke Industries Private Limited & others (supra). 9. Both the writ petitions are disposed of. Petitions disposed of.