NDLI: Nifty Chemicals Pvt. Ltd. Vs. Union of India

Nifty Chemicals Pvt. Ltd. Vs. Union of India

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Nifty Chemicals Pvt. Ltd. Vs. Union of India

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Applications and contempt petitions disposed off
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Transferred Case
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Refund - Of amount paid as per interim order- Litigation between coal suppliers and coal purchasers - Over c enhanced amount demanded by supplier - Interim order directing the purchasers to pay 1/3rd of the enhanced amount - - Supplier undertaking for refund of amount, if final decision passed against them - Final decision passed against the supplier - Applications and contempt petitions, seeking refund and direction for payment of interest thereon till the • actual date of payment - Held: Coal purchasers are entitled to refund, with interest computed till the date refund payment was actually made.Applicants {non-core linked consumes of coal) of the respondent-coal company susbsidiary of Coal India Ltd.) were getting supply of coal at fixed price {Notified price). After introduction of E-Auction Scheme, the noncore linked consumers were required to pay the price as determined by market forces in place of the notified price. During pendency of the cases challenging 'E-Auction Scheme' it was directed by interim order passed by Supreme Court that the coal would be supplied to the coal consumers on their paying 1/3rd of the enhanced G price i.e. in addition to the notified price and on their furnishing security for the balance 2/3rd of the enhanced price. Coal India and its subsidiaries under-took that if 'EAuction Scheme' if not upheld consequently, they would refund the enhanced price of 1/3rd with interest thereon at 12% PA, from the date of payment. Thereafter, E- Auction scheme was quashed holding the same invalid and ultra vires Article 14 of the Constitution. The coal consumers filed contempt petitions alleging violation of the orders wherein the undertaking for refund of the price, over and above the notified price, was made. Thereafter, present applications were filed seeking the refund as undertaken. They also sought interest on the amount already refunded not only upto 30.4.2008, but till the date of payment. Respondent-Company in its affidavit stated that it had released the refund payments to 118 parties c out of 122 parties. It also stated that it had no objection to pay the interest on the amount till the date, the amount was actually refunded.
Judge	N/A
Neutral Citation	2009 INSC 274
Petitioner	Nifty Chemicals Pvt. Ltd.
Respondent	Union Of India
SCR	[2009] 3 S.C.R. 500
Judgement Date	2009-02-27
Case Number	113

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