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MAHANADI COALFIELDS LTD.. v. M/S SAINIK MINING & ALLIED SER.LTD.

Supreme Court of India | Diary 10232/2010

Status

ROP - of Main Case

Decided On

12-07-2010

Bench

Petitioner

MAHANADI COALFIELDS LTD..

Respondent

M/S SAINIK MINING & ALLIED SER.LTD.

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Full Judgment Text

`ITEM NO.6 COURT NO.13 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10617/2010(From the judgement and order dated 10/09/2009 in WP (C) No.14556/2005 of The HIGH COURT OF ORISSA AT CUTTACK)MAHANADI COALFIELDS LTD & ORS. Petitioner(s) VERSUSM/S. SAINIK MINING & ALLD.SER.LTD & ANR. Respondent(s)(With appln(s) for stay, permission to place addl. documents onrecord and prayer for interim relief)WITH S.L.P.(C)...CC NO. 6118 of 2010With I.A.1 (C/delay in filing SLP and stay and office report)Date: 12/07/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE A.K. PATNAIKFor Petitioner(s) Mr. Anip Sachthey,Adv. Mr. Mohit Paul, Adv. Ms. Shagun Matta, Adv. Mr. Sherin Daniel, Adv.For Respondent(s) Mr. R. F. Nariman, Sr. Adv. Mr. Krishna Sharma, Adv. Mr. A. Roy, Adv. Mr. Riku Sharma, Adv. Mr. Navneet Kumar, Adv. M/S Corporate Law Group,Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned. Heard the learned counsel for the parties. This court does not find any merit in the petitions and, therefore, they are liable to be dismissed. However, having regard to the facts of the - 2 -case, the direction given by the High Court in theimpugned Judgment that the amount deducted from thebills of the petitioners shall be paid to them alongwith interest @ 8% per annum to be calculated fromthe date of deduction till actual date of payment ismodified and it is directed that the presentpetitioners shall make the payment of the amount duewith interest @ 6%. The learned counsel for thepetitioners seeks three weeks' time to comply withthe directions given in the impugned judgment.Having regard to the facts of the case, the saidprayer is accepted and the petitioners directed tocomply with the directions contained in the impugnedjudgment subject to above mentioned modificationwithin three weeks' from today. Subject to the modification made and directiongiven above, the Special Leave Petitions fail andare dismissed.

(Neetu Sachdeva) (Sneh Bala Mehra) Sr. P. A. Court Master

èITEM NO.36 COURT NO.14 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10617/2010(From the judgement and order dated 10/09/2009 in WP (C) No.14556/2005 of The HIGH COURT OF ORISSA AT CUTTACK)MAHANADI COALFIELDS LTD & ORS. Petitioner(s) VERSUSM/S. SAINIK MINING & ALLD.SER.LTD & ANR. Respondent(s)(With appln(s) for stay,permission to place addl. documents onrecord and prayer for interim relief)WITHS.L.P.(C)...CC NO. 6118 of 2010With I. A. No. 1 (c/delay in filing SLP and office report)Date: 07/05/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. Anip Sachthey,Adv. Mr. Mohit Paul, Adv. Mr. Shagun Matta, Adv. Mr. Sherin Daniel, Adv.For Respondent(s) Mr. R. F. Nariman, Sr. Adv. Ms. Krishna Sarma, Adv. Mr. Avijit Roy, Adv. Mr. Jay Krishan, Adv. Mr. Riku Sarma, Adv. M/S Corporate Law Group,Adv. UPON hearing counsel the Court made the following O R D E R On the request of learned counsel for the petitioners, the matter is adjourned after summer vacation to enable the petitioner to produce agreement extending term of the contract amending Clause 2 of the general terms and conditions of the tender. (Neetu Sachdeva) (Sneh Bala Mehra) Sr. P. A. Court Master

4ITEM NO.23 COURT NO.4 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10617/2010(From the judgement and order dated 10/09/2009 in WP No.14556/2005of The HIGH COURT OF ORISSA AT CUTTACK)MAHANADI COALFIELDS LTD & ORS. Petitioner(s) VERSUSM/S. SAINIK MINING & ALLD.SER.LTD & ANR. Respondent(s)(With appln(s) for stay,permission to place addl. documents onrecord and prayer for interim relief)WITH S.L.P.(C)...CC NO. 6118 of 2010WITH I.A.1(With appln.(s) for c/delay in filing SLP & office report)Date: 23/04/2010 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. Mohan Parasaran,ASG Mr. Anip Sachthey,Adv. Ms. Shagun Matta,Adv. Mr. Sherin daniel,Adv.sFor Respondent(s) Mr. R.F. Nariman,Sr.Adv. Ms. Krishna Sharma,Adv. Mr. Jai Krishnan,Adv. Mr. Avijit Roy,Adv. M/S Corporate Law Group,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner seeks two weeks time to produce agreement extending term of the contract amending clause 2 of the general terms and conditions of the tender. Time as prayed for is granted.(O.P. Sharma) (M.S. Negi) Court Master Court Master

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