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M/S ACC LTD v. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD

Supreme Court of India | Diary 1029/2014

Status

Office Report

Decided On

19-01-2017

Bench

Petitioner

M/S ACC LTD

Respondent

RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD

casestatus.in Summary

Under Section 9 of the Arbitration and Conciliation Act, 1996, interim measures of protection granted by a court do not automatically lapse upon pronouncement of an arbitral award; such measures survive and remain operative through the interregnum between the award and its enforcement under Section 36, provided the original prayer expressly extended until enforcement. As analysed on casestatus.in, the scope and duration of Section 9 relief is co-extensive with the terms of the applicant's prayer, and courts retain jurisdiction to modulate such interim arrangements pending challenge proceedings under Section 34.

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Full Judgment Text

SUPPLE. LIST MATTER FOR: 19.01.2017              COURT NO.                            ITEM NO.     SECTION  XV   IN  THE SUPREME COURT OF INDIA      CIVIL APPELLATE JURISDICTION  CC NO. 8835/2014 PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO.                     WITH         PRAYER FOR INTERIM RELIEF         M/S BIRLA COR. LTD   ...PETITIONER                            VERSUS RAJASTHAN RAJYA VID. UT.N.LTD & ORS.  ...RESPONDENTS OFFICE REPOR    T The matter above­mentioned was listed alongwith connected matters before the Hon'ble Court on 19.07.2016, when the Court was pleased to pass the following order: “List these matters after two weeks. ” It is submitted that in view of Hon'ble Court's order dated 18.07.2014, the instant matter is tagged with SLP(C) No. 37702/2013. It is further submitted that Mr. Ajay Choudhary, Counsel for the respondent No. 1 has on 6.1.2015 filed an application for bringing subsequent events and additional documents alongwith Annexures­A/1 to A/3 in all the matters. Counsel for the petitioner has filed affidavit in reply on behalf of the petitioner to the application for bringing subsequent events on record. Copies of the same are being circulated herewith. It is lastly submitted that counsel for the petitioner has on 09.03.2015 filed an application on behalf of the applicant for placing on record the award of the learned Arbitrator with affidavit with Annexure A­1. Copy of the same has already been included in the paper books.   The matter above­mentioned was Mention before the Hon'ble Court on 18.01.2017, when the Court was pleased to pass the following order:­ “List on 19.01.2017 as Item No. 1.”

The matter above­mentioned is listed before the  Hon'ble Court with this office report. Dated this the 18 th  day of January, 2017. ASSISTANT REGISTRAR Copy to:    1.  Mr. Praveen Kumar, Adv.        2.  Mr. Ajay Choudhary, Adv. ASSISTANT REGISTRAR 3/KS/OR

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 679 OF 2017 (Arising from SLP(C) No.37709/2013) Ultratech Cement Limited ..Appellant versus Rajasthan Rajya Vidyut Utpadan Nigam Limited ..Respondent WITH CIVIL APPEAL NO. 678 OF 2017 (Arising from SLP(C) No.37702/2013) CIVIL APPEAL NO. 680 OF 2017 (Arising from SLP(C) No.1130/2014) CIVIL APPEAL NO. 681 OF 2017 (Arising from SLP(C) No.2420/2014) CIVIL APPEAL NO. 682 OF 2017 (Arising from SLP(C) No.3628/2014) CIVIL APPEAL NO. 683 OF 2017 (Arising from SLP(C) No.6512/2014) CIVIL APPEAL NO. 684 OF 2017 (Arising from SLP(C) No.7012/2014) CIVIL APPEAL NO. 685 OF 2017 (Arising from SLP(C) No.2128/2017) @ cc No. 8835/2014 O R D E R Civil Appeal @ SLP(C) No. 37709/2013 Leave granted. 2. The appellant – Ultratech Cement Limited, and the respondent - Rajasthan Rajya Vidyut Utpadan Nigam Limited, entered into an agreement in 2004. The respondent allowed the appellant to take away fly ash, without any payment, for a period of 5 years. It is not a matter of dispute, that the agreement commenced effectively in the year 2007, and as such, free supply of fly ash would continue up to the year 2012. The agreement, which was for a

2 period of 10 years, allowed the respondent to raise a charge for taking away fly ash, after the initial period of 5 years. 3. In order to determine the commercial value of fly ash, the respondent issued notice, inviting tenders for the sale of fly ash, in the year 2011. Since the dispute between the parties was arbitrable, an application was filed by the appellant, under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'), with the following prayers: “ Therefore, filing application along with affidavit, it is humbly prayed that allowing the application of the applicant company the respondent may be restrained by way of interim injunction that till adjudication of the dispute arises between the parties by appointing Arbitrator by the applicant as per Clause No.9 of the Agreement dated 15.10.2004 signed by and between the applicant and the respondent, passing of the award by the Arbitrator and also till enforcement of the said Award, the respondent may be restrained not to cancel the agreement dated 15.10.2004 and not to invite NIT in pursuance to the NIT No. SE (CAM) TN-3692 published on 24.8.2011 , not to organize proposed pre-bid meeting on 26.9.2011, not to open the NIT on 10.10.2011, not to do any other act in this regard, not to create any hurdle or obstruction in utilization and disposal of fly ash generated in Unit No. 4 & 5 of Kota Thermal Power Station by the applicant company and also not to do any such act contrary to the terms and conditions mentioned in the Agreement dated 15.10.2014 and also not to do such act through his agent, servant, representative etc.” (emphasis is ours) 4. The District Judge, before whom that application came to be filed, passed an order dated 18.02.2012, accepting the prayer made by the appellant. Dissatisfied with the order passed by the District Judge, the respondent raised a challenge before the High Court of Rajasthan, by preferring S.B.Civil Miscellaneous Appeal

3 No. 1859/2012. The High Court, by its order dated 18.11.2013, reversed the order passed by the District Judge on 18.02.2012. 5. Order dated 18.11.2013 was assailed by the appellant before this Court. This Court passed two orders, which are relevant for the present controversy, dated 13.12.2013 and 14.03.2014. Order dated 13.12.2013 is reproduced below: “ Taken on Board. Application seeking exemption from filing official translation is allowed. Issue notice returnable by the 2 nd week of January, 2014. Dasti service, in addition, is permitted. In the meanwhile, the respondent-Nigam will not finalise the tenders pursuant to the Notice Inviting Tender dated 24 th August, 2011.” Likewise, order dated 14.03.2013 is extracted hereunder: “ Heard learned counsel for the parties. By interim order passed by this Court on 31 st January, 2014, we had directed that there shall be no sale of fly ash without leave of this Court. In modification of the said order, we direct that the respondent-Nigam will sell fly ash to the petitioners at the rate of Rs.250/- per metric tonne. The question as to whether the petitioners will be entitled to refund of the said Rs. 250/- per MT or any lesser amount will be considered at a later stage. The contempt proceedings are dropped. The supplies of the fly ash in terms of the interim order passed today will be commenced immediately.” Under the above order, the appellant was allowed to purchase fly ash from the respondent – Nigam at the rate of Rs.250/- per metric tonne. 6. We are informed, that pending proceedings before this Court, the arbitration award was delivered on 18.02.2015. We are also informed, that a supplementary award dated 17.5.2015 was also

4 passed. Both the above awards, we are informed, have to be read collectively. We are further informed, that the arbitral awards allowed the appellant to carry away fly ash for another period of 5 years from 2012 to 2017, at the rate of Rs.245/- per metric tonne. This is lower than the sale price determined under Section 9 (by way of an interim arrangement) of the Act. The arbitral awards also provided for an extension of the period of commercial activities between the parties for another 5 years, i.e., up to the year 2022. 7. The question, that arises for adjudication before us is, as to whether the proceedings initiated under Section 9 of the Act, (whilst the arbitral proceedings were pending) survive, after the arbitral proceedings come to a closure. Insofar as the instant aspect of the matter is concerned, the answer thereto has to emanate from Section 9 of the Act. The above provision is extracted hereunder: “ 9. Interim measures, etc. by Court.— (1)A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court— (i) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or (ii) for an interim measure of protection in respect of any of the following matters, namely:— (a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement; (b) securing the amount in dispute in the arbitration; (c) the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any

5 question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence; (d) interim injunction or the appointment of a receiver; (e) such other interim measure of protection as may appear to the court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it. (2) Where, before the commencement of the arbitral proceedings, a Court passes an order for any interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine. (3) Once the arbitral tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious.” A perusal of the above provision reveals, that interim measures can be allowed in favour of a party (who moves an application under Section 9 of the Act), either before the commencement of the arbitration proceedings, or during the pendencey of the arbitral proceedings, and even after the making of the arbitral award “... but before it is enforced in accordance with section 36...”. It is therefore apparent, that an interim arrangement, can be made under Section 9 of the Act, not only before and during the pendency of the arbitral proceedings, but also after the arbitral award has been pronounced.

6 8. As to whether the orders passed by the different Courts, which culminated in the two orders, extracted hereinabove, dated 13.12.2013 and 14.03.2014, would continue even after the passing of the arbitral award, in our considered view, would depend on the nature of the prayer made by the appellant, when the application under Section 9 was filed, before the concerned Court. We have extracted hereinabove the prayer made by the appellant in its section 9 application. A perusal thereof reveals, that the interim injunction was sought “...till adjudication of the dispute arises between the parties by appointing the arbitrator by the applicant as per Clause 9 of the agreement dated 15.10.2004 signed by and between the applicant and the respondent, passing of the award by the arbitrator, and also till enforcement of the said award...”. It is therefore apparent, that the interim prayer made by the appellant under Section 9 of the Act in the very first instance was till the enforcement of the award. It is undoubtedly apparent from a perusal of Section 9 of the Act, extracted above, that the enforcement of the award can be effected only under Section 36 of the Act. The aforesaid stage has not yet emerged. The stage presently is of the interregnum, between the passing of the award, and the enforcement of the award under Section 36 of the Act. 9. We are of the view, that the prayer made by the appellant clearly included the period, after the pronouncement of the award by the arbitral Tribunal. In the above view of the matter, it is not possible for us to hold, that the proceedings pending before this Court, have been rendered infructuous. In any case, it is now imperative for us to determine whether or not the impugned interim

7 order, should continue till the proceedings under Section 34 of the Act (presently pending before the District Judge) are concluded. We are satisfied in directing, that the appellant shall, with effect from the date of the commencement of the arbitral award, pay for the fly ash taken by it from the respondent at the rate of Rs.245/- per metric tonne (i.e., in consonance with the arbitral award), till the determination of the proceedings under Section 34 of the Act. We however clarify, that in case, for any reason, the arbitral award is set aside or modified, as prayed for by the respondent – Nigam, the appellant would be liable to pay the higher amount, as the respondent would have been able to procure, as disclosed by the auction already held in 2011(for the period with effect from 2012). Likewise, in case the appellant before this Court succeeds, and is held to be entitled to pay a lesser amount, the payment with effect from 2012 would be regulated by the said determination. 10. The instant appeal stands disposed of in the aforesaid terms. Civil Appeal @ SLP(C) No.37702/2013, Civil Appeal @ SLP(C) No.1130/2014, Civil Appeal @ SLP(C) No.2420/2014, Civil Appeal @ SLP(C) No.3628/2014, Civil Appeal @ SLP(C) No.6512/2014, Civil Appeal @ SLP(C) No.7012/2014 and Civil Appeal @ SLP(C) No.2128/2017 @ CC No. 8835/2014 Permission to file the special leave petition is granted in SLP(C) No.2128/2017 @ CC No. 8835/2014. 2. Leave granted. 3. Learned counsel for the rival parties are agreed, that the controversy involved in the instant appeals is identical to the one, adjudicated upon by this Court in Civil Appeal @ SLP(C) No.

8 37709/2013 (Ultratech Cement Limited vs. Rajasthan Rajya Vidyut Utpadan Nigam Limited), decided on 19.01.2017. They pray, that these appeals may also be disposed of in the similar terms. 4. Ordered accordingly. Disposed of in the same terms. ….......................CJI [JAGDISH SINGH KHEHAR] NEW DELHI; …........................J. January 19, 2017. {Dr. D.Y. CHANDRACHUD]

9 ITEM NO.1 COURT NO.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court Of Rajasthan At Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (with appln(s) for permission ot place additional documents on record, intervention, exemption from filing OT, directions, bringing on record the additional facts, permission to bring on record subsequent event and additional documents) (for final disposal) WITH SLP(C) No. 37709/2013 (With (With (With (With appln.(s) for directions and appln.(s) for permission to file additional documents and appln.(s) for directions and appln.(s) for permission to place addl. documents on record and Interim Relief and Office Report) SLP(C) No. 1130/2014(with Interim Relief and Office Report) SLP(C) No. 2420/2014 (With (With appln.(s) for permission to file additional documents and appln.(s) for permission to file lengthy list of dates and Interim Relief and Office Report) SLP(C) No. 3628/2014 (With appln.(s) for permission to file additional documents and Interim Relief and Office Report) SLP(C) No. 6512/2014(with Interim Relief and Office Report) SLP(C) No. 7012/2014(with Interim Relief and Office Report) S.L.P.(C)...CC No. 8835/2014 (With appln.(s) for permission to file SLP and Office Report) Date : 19/01/2017 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Dr. A.M. Singhvi, Sr. Adv. In SLP 37709/2013 Mr. Amit Pawan,Adv. Ms. Suruchi Kasliwal, Adv. Mr. Amit Bhandari, Adv. Mr. Akshat Shrivastava, Adv. Mr. Gaurav Singh, Adv.

10 For Petitioner(s) Mr. Gourab Kr. Banerji, Sr. Adv. In SLP 37702/2013 Mr. Amit Pawan,Adv. Ms. Suruchi Kasliwal, Adv. Mr. Sahil Tagotra, Adv. Mr. Akshat Shrivastava, Adv. Mr. Gaurav Singh, Adv. For Petitioner(s) Mr. Amit Pawan, Adv. In SLP 2420/2014 and 3628/2014 For Petitioner(s) Mr. U.A. Rana, Adv. In SLP 1130/2014 Mrs. Mrinal Elkar Mazumdar, Adv. and 7012/2014 Mr. Himanshu Mehta, Adv. for M/s Gagrat & Co. For Petitioner(s) Mr. V. Shekhar, Sr. Adv. In CC 8835/2014 Mr. Praveen Kumar,Adv. For Petitioner(s) Mr. Praveen Kumar, Adv. In slp 6512/2014 Mr. Shantanu Kumar,Adv. Mr. Smarhar Singh, Adv. For Respondent(s) Mr. K.K.Venugopal, Sr. Adv. Mr. Ajay Choudhary,Adv. Mr. Puneet Taneja,Adv. UPON hearing the counsel the Court made the following O R D E R Permission to file the special leave petition is granted in SLP...CC 8815/2014. Leave granted. The appeals stand disposed of in terms of the signed order. (Renuka Sadana) (Parveen Kumar) Assistant Registrar AR-cum-PS [signed order is placed on the file]

°\2111IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 679 OF 2017(Arising from SLP(C) No.37709/2013)Ultratech Cement Limited ..AppellantversusRajasthan Rajya Vidyut Utpadan Nigam Limited ..RespondentWITHCIVIL APPEAL NO. 678 OF 2017(Arising from SLP(C) No.37702/2013)CIVIL APPEAL NO. 680 OF 2017(Arising from SLP(C) No.1130/2014)CIVIL APPEAL NO. 681 OF 2017(Arising from SLP(C) No.2420/2014)CIVIL APPEAL NO. 682 OF 2017(Arising from SLP(C) No.3628/2014)CIVIL APPEAL NO. 683 OF 2017(Arising from SLP(C) No.6512/2014)CIVIL APPEAL NO. 684 OF 2017(Arising from SLP(C) No.7012/2014)CIVIL APPEAL NO. 685 OF 2017(Arising from SLP(C) No.2128/2017) @ cc No. 8835/2014O R D E RCivil Appeal @ SLP(C) No. 37709/2013Leave granted.2. The appellant ⬠Ultratech Cement Limited, and the respondent -Rajasthan Rajya Vidyut Utpadan Nigam Limited, entered into anagreement in 2004. The respondent allowed the appellant to takeaway fly ash, without any payment, for a period of 5 years. It isnot a matter of dispute, that the agreement commenced effectivelyin the year 2007, and as such, free supply of fly ash wouldcontinue up to the year 2012. The agreement, which was for a2period of 10 years, allowed the respondent to raise a charge fortaking away fly ash, after the initial period of 5 years.3. In order to determine the commercial value of fly ash,the respondent issued notice, inviting tenders for the sale of flyash, in the year 2011. Since the dispute between the parties wasarbitrable, an application was filed by the appellant, underSection 9 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the 'Act'), with the following prayers:⬠S Therefore, filing application along withaffidavit, it is humbly prayed that allowing theapplication of the applicant company the respondentmay be restrained by way of interim injunction thattill adjudication of the dispute arises between theparties by appointing Arbitrator by the applicantas per Clause No.9 of the Agreement dated15.10.2004 signed by and between the applicant andthe respondent, passing of the award by theArbitrator and also till enforcement of the saidAward, the respondent may be restrained not tocancel the agreement dated 15.10.2004 and not toinvite NIT in pursuance to the NIT No. SE (CAM)TN-3692 published on 24.8.2011 , not to organizeproposed pre-bid meeting on 26.9.2011, not to openthe NIT on 10.10.2011, not to do any other act inthis regard, not to create any hurdle orobstruction in utilization and disposal of fly ashgenerated in Unit No. 4 & 5 of Kota Thermal PowerStation by the applicant company and also not to doany such act contrary to the terms and conditionsmentioned in the Agreement dated 15.10.2014 andalso not to do such act through his agent, servant,representative etc.⬠\235(emphasis is ours)

4. The District Judge, before whom that application came tobe filed, passed an order dated 18.02.2012, accepting the prayermade by the appellant. Dissatisfied with the order passed by theDistrict Judge, the respondent raised a challenge before the HighCourt of Rajasthan, by preferring S.B.Civil Miscellaneous Appeal3No. 1859/2012. The High Court, by its order dated 18.11.2013,reversed the order passed by the District Judge on 18.02.2012.5. Order dated 18.11.2013 was assailed by the appellantbefore this Court. This Court passed two orders, which arerelevant for the present controversy, dated 13.12.2013 and14.03.2014. Order dated 13.12.2013 is reproduced below:⬠S Taken on Board.Application seeking exemption from filing officialtranslation is allowed.Issue notice returnable by the 2 nd week of January,2014.Dasti service, in addition, is permitted.In the meanwhile, the respondent-Nigam will notfinalise the tenders pursuant to the NoticeInviting Tender dated 24 th August, 2011.⬠\235Likewise, order dated 14.03.2013 is extracted hereunder:⬠S Heard learned counsel for the parties.By interim order passed by this Court on 31 stJanuary, 2014, we had directed that there shall beno sale of fly ash without leave of this Court. Inmodification of the said order, we direct that therespondent-Nigam will sell fly ash to thepetitioners at the rate of Rs.250/- per metrictonne. The question as to whether the petitionerswill be entitled to refund of the said Rs. 250/-per MT or any lesser amount will be considered at alater stage.The contempt proceedings are dropped. The suppliesof the fly ash in terms of the interim order passedtoday will be commenced immediately.⬠\235 Under the above order, the appellant was allowed to purchase flyash from the respondent ⬠Nigam at the rate of Rs.250/- per metrictonne.6. We are informed, that pending proceedings before thisCourt, the arbitration award was delivered on 18.02.2015. We arealso informed, that a supplementary award dated 17.5.2015 was also4passed. Both the above awards, we are informed, have to be readcollectively. We are further informed, that the arbitral awardsallowed the appellant to carry away fly ash for another period of 5years from 2012 to 2017, at the rate of Rs.245/- per metric tonne.This is lower than the sale price determined under Section 9 (byway of an interim arrangement) of the Act. The arbitral awards alsoprovided for an extension of the period of commercial activitiesbetween the parties for another 5 years, i.e., up to the year 2022.7. The question, that arises for adjudication before us is,as to whether the proceedings initiated under Section 9 of the Act,(whilst the arbitral proceedings were pending) survive, after thearbitral proceedings come to a closure. Insofar as the instantaspect of the matter is concerned, the answer thereto has toemanate from Section 9 of the Act. The above provision is extractedhereunder:⬠S 9. Interim measures, etc. by Court.⬠(1)A partymay, before or during arbitral proceedings or atany time after the making of the arbitral award butbefore it is enforced in accordance with section36, apply to a court⬠(i) for the appointment of a guardian for a minor

or a person of unsound mind for the purposes ofarbitral proceedings; or(ii) for an interim measure of protection inrespect of any of the following matters, namely:⬠(a) the preservation, interim custody or sale ofany goods which are the subject-matter of thearbitration agreement;(b) securing the amount in dispute in thearbitration;(c) the detention, preservation or inspection ofany property or thing which is the subject-matterof the dispute in arbitration, or as to which any5question may arise therein and authorising for anyof the aforesaid purposes any person to enter uponany land or building in the possession of anyparty, or authorising any samples to be taken orany observation to be made, or experiment to betried, which may be necessary or expedient for thepurpose of obtaining full information or evidence;(d) interim injunction or the appointment of areceiver;(e) such other interim measure of protection as mayappear to the court to be just and convenient, and the Court shall have the same power for makingorders as it has for the purpose of, and inrelation to, any proceedings before it.(2) Where, before the commencement of thearbitral proceedings, a Court passes an order forany interim measure of protection under sub-section(1), the arbitral proceedings shall be commencedwithin a period of ninety days from the date ofsuch order or within such further time as the Courtmay determine.(3) Once the arbitral tribunal has beenconstituted, the Court shall not entertain anapplication under sub-section (1), unless the Courtfinds that circumstances exist which may not renderthe remedy provided under section 17 efficacious.⬠\235 A perusal of the above provision reveals, that interim measures canbe allowed in favour of a party (who moves an application underSection 9 of the Act), either before the commencement of thearbitration proceedings, or during the pendencey of the arbitralproceedings, and even after the making of the arbitral award ⬠S...but before it is enforced in accordance with section 36...⬠\235. It istherefore apparent, that an interim arrangement, can be made underSection 9 of the Act, not only before and during the pendency ofthe arbitral proceedings, but also after the arbitral award hasbeen pronounced.68. As to whether the orders passed by the different Courts,which culminated in the two orders, extracted hereinabove, dated13.12.2013 and 14.03.2014, would continue even after the passing ofthe arbitral award, in our considered view, would depend on thenature of the prayer made by the appellant, when the applicationunder Section 9 was filed, before the concerned Court. We haveextracted hereinabove the prayer made by the appellant in itssection 9 application. A perusal thereof reveals, that the interiminjunction was sought ⬠S...till adjudication of the dispute arisesbetween the parties by appointing the arbitrator by the applicantas per Clause 9 of the agreement dated 15.10.2004 signed by andbetween the applicant and the respondent, passing of the award bythe arbitrator, and also till enforcement of the said award...⬠\235.It is therefore apparent, that the interim prayer made by theappellant under Section 9 of the Act in the very first instance wastill the enforcement of the award. It is undoubtedly apparent from

a perusal of Section 9 of the Act, extracted above, that theenforcement of the award can be effected only under Section 36 ofthe Act. The aforesaid stage has not yet emerged. The stagepresently is of the interregnum, between the passing of the award,and the enforcement of the award under Section 36 of the Act.9. We are of the view, that the prayer made by the appellantclearly included the period, after the pronouncement of the awardby the arbitral Tribunal. In the above view of the matter, it isnot possible for us to hold, that the proceedings pending beforethis Court, have been rendered infructuous. In any case, it is nowimperative for us to determine whether or not the impugned interim7order, should continue till the proceedings under Section 34 of theAct (presently pending before the District Judge) are concluded.We are satisfied in directing, that the appellant shall, witheffect from the date of the commencement of the arbitral award, payfor the fly ash taken by it from the respondent at the rate ofRs.245/- per metric tonne (i.e., in consonance with the arbitralaward), till the determination of the proceedings under Section 34of the Act. We however clarify, that in case, for any reason, thearbitral award is set aside or modified, as prayed for by therespondent ⬠Nigam, the appellant would be liable to pay the higheramount, as the respondent would have been able to procure, asdisclosed by the auction already held in 2011(for the period witheffect from 2012). Likewise, in case the appellant before thisCourt succeeds, and is held to be entitled to pay a lesser amount,the payment with effect from 2012 would be regulated by the saiddetermination.10. The instant appeal stands disposed of in the aforesaidterms.Civil Appeal @ SLP(C) No.37702/2013, Civil Appeal @ SLP(C)No.1130/2014, Civil Appeal @ SLP(C) No.2420/2014, Civil Appeal @SLP(C) No.3628/2014, Civil Appeal @ SLP(C) No.6512/2014, CivilAppeal @ SLP(C) No.7012/2014 and Civil Appeal @ SLP(C) No.2128/2017@ CC No. 8835/2014Permission to file the special leave petition is grantedin SLP(C) No.2128/2017 @ CC No. 8835/2014.2. Leave granted.3. Learned counsel for the rival parties are agreed, thatthe controversy involved in the instant appeals is identical to theone, adjudicated upon by this Court in Civil Appeal @ SLP(C) No.837709/2013 (Ultratech Cement Limited vs. Rajasthan Rajya VidyutUtpadan Nigam Limited), decided on 19.01.2017. They pray, thatthese appeals may also be disposed of in the similar terms.4. Ordered accordingly. Disposed of in the same terms.⬠¦.......................CJI[JAGDISH SINGH KHEHAR]NEW DELHI; ⬠¦........................J.January 19, 2017. {Dr. D.Y. CHANDRACHUD]9ITEM NO.1 COURT NO.1 SECTION XV 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 (C) No(s). 37702/2013(Arising out of impugned final judgment and order dated 18/11/2013in SBCMA No. 1862/2012 passed by the High Court Of Rajasthan AtJaipur)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(with appln(s) for permission ot place additional documents onrecord, intervention, exemption from filing OT, directions,bringing on record the additional facts, permission to bring onrecord subsequent event and additional documents)(for final disposal)

WITHSLP(C) No. 37709/2013(With (With (With (With appln.(s) for directions and appln.(s) forpermission to file additional documents and appln.(s) fordirections and appln.(s) for permission to place addl. documents onrecord and Interim Relief and Office Report)SLP(C) No. 1130/2014(with Interim Relief and Office Report)SLP(C) No. 2420/2014(With (With appln.(s) for permission to file additional documentsand appln.(s) for permission to file lengthy list of dates andInterim Relief and Office Report)SLP(C) No. 3628/2014(With appln.(s) for permission to file additional documents andInterim Relief and Office Report)SLP(C) No. 6512/2014(with Interim Relief and Office Report)SLP(C) No. 7012/2014(with Interim Relief and Office Report)S.L.P.(C)...CC No. 8835/2014(With appln.(s) for permission to file SLP and Office Report)Date : 19/01/2017 These petitions were called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUDFor Petitioner(s) Dr. A.M. Singhvi, Sr. Adv.In SLP 37709/2013 Mr. Amit Pawan,Adv.Ms. Suruchi Kasliwal, Adv.Mr. Amit Bhandari, Adv.Mr. Akshat Shrivastava, Adv.Mr. Gaurav Singh, Adv.10For Petitioner(s) Mr. Gourab Kr. Banerji, Sr. Adv.In SLP 37702/2013 Mr. Amit Pawan,Adv.Ms. Suruchi Kasliwal, Adv.Mr. Sahil Tagotra, Adv.Mr. Akshat Shrivastava, Adv.Mr. Gaurav Singh, Adv.For Petitioner(s) Mr. Amit Pawan, Adv.In SLP 2420/2014and 3628/2014For Petitioner(s) Mr. U.A. Rana, Adv.In SLP 1130/2014 Mrs. Mrinal Elkar Mazumdar, Adv.and 7012/2014 Mr. Himanshu Mehta, Adv.for M/s Gagrat & Co.For Petitioner(s) Mr. V. Shekhar, Sr. Adv.In CC 8835/2014 Mr. Praveen Kumar,Adv.For Petitioner(s) Mr. Praveen Kumar, Adv.In slp 6512/2014 Mr. Shantanu Kumar,Adv. Mr. Smarhar Singh, Adv. For Respondent(s) Mr. K.K.Venugopal, Sr. Adv. Mr. Ajay Choudhary,Adv. Mr. Puneet Taneja,Adv. UPON hearing the counsel the Court made the following O R D E RPermission to file the special leave petition is grantedin SLP...CC 8815/2014.Leave granted.The appeals stand disposed of in terms of the signedorder. (Renuka Sadana) (Parveen Kumar)Assistant Registrar AR-cum-PS[signed order is placed on the file]

ITEM NO.811 COURT NO.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 8835/2014 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No.1862/2012 passed by the High Court of Rajasthan at Jaipur) M/S BIRLA COR. LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VID. UT.N.LTD & ORS Respondent(s) (With office report) Date : 18/01/2017 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Ms.Babita Santa, Adv.(Mentioned by) Mr. Praveen Kumar, Adv. For Respondent(s) Mr. Ajay Choudhary, Adv. Upon hearing the counsel the Court made the following O R D E R List on 19.01.2017 as Item No.1. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR

<ITEM NO.811 COURT NO.1 SECTION XV 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 (C)......CC No(s).8835/2014(Arising out of impugned final judgment and order dated 18/11/2013in SBCMA No.1862/2012 passed by the High Court of Rajasthan atJaipur)M/S BIRLA COR. LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VID. UT.N.LTD & ORS Respondent(s)(With office report)Date : 18/01/2017 This petition was mentioned today.CORAM : HON&#39;BLE THE CHIEF JUSTICE HON&#39;BLE DR. JUSTICE D.Y. CHANDRACHUDFor Petitioner(s) Ms.Babita Santa, Adv.(Mentioned by) Mr. Praveen Kumar, Adv. For Respondent(s) Mr. Ajay Choudhary, Adv. Upon hearing the counsel the Court made the following O R D E R List on 19.01.2017 as Item No.1.(SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR

SLP(C) No. 37702 of 2013 ITEM NO.20 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Judicature for Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (With application for bringing on record the additional facts and directions and exemption from filing Official Translation and intervention and permission to bring on record subsequent event and additional documents and permission to place additional documents on record) WITH SLP(C) No. 37709/2013 [ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD.] (With application for permission to file additional documents and directions and prayer for interim relief and Office Report) SLP(C) No. 1130/2014 [M/S ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.] (With prayer for interim relief and Office Report) SLP(C) No. 2420/2014 [ULTRATECH CEMENT LTD. V.RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and permission to file lengthy list of dates and prayer for interim relief and Office Report) SLP(C) No. 3628/2014 [MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and prayer for interim relief and Office Report) SLP(C) No. 6512/2014 [BHUMESH SHARMA V.NATIONAL THERMAL POWER CORP. LTD. & ORS.] SLP(C) No. 7012/2014 [SHREE CEMENT LTD. V. RAJSTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. ] (With prayer for interim relief and Office Report) PAGE NO. 1 of 2

SLP(C) No. 37702 of 2013 S.L.P.(C)...CC No. 8835/2014 [M/S. BIRLA CORP. LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.& ORS.] (With application for permission to file SLP and Office Report) Date : 19/07/2016 These petitions though listed for hearing were mentioned. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) in rest of the SLPs Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Amit Pawan, A.O.R. Ms. Suruchi Kaslwal, Adv. Mr. Suroyodaya Prakash Tiwari, Adv. in SLP 1130 & 7012 For M/s Gagrat & Co., Advs. In SLP 6512 Mr. Shantanu Kumar, A.O.R. In CC 8835 Mr. Praveen Kumar, A.O.R. For Respondent(s) in all SLPs Mr. Ajay Choudhary, A.O.R. in SLP 6512 Mr. Puneet Taneja, A.O.R. Ms. Shaheen, Adv. UPON hearing counsel the Court made the following O R D E R List these matters after two weeks. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER PAGE NO. 2 of 2

¶ SLP(C) No. 37702 of 2013 ITEM NO.20 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Judicature for Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (With application for bringing on record the additional facts and directions and exemption from filing Official Translation and intervention and permission to bring on record subsequent event and additional documents and permission to place additional documents on record) WITH SLP(C) No. 37709/2013 [ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD.] (With application for permission to file additional documents and directions and prayer for interim relief and Office Report) SLP(C) No. 1130/2014 [M/S ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.] (With prayer for interim relief and Office Report) SLP(C) No. 2420/2014 [ULTRATECH CEMENT LTD. V.RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and permission to file lengthy list of dates and prayer for interim relief and Office Report) SLP(C) No. 3628/2014 [MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and prayer for interim relief and Office Report) SLP(C) No. 6512/2014 [BHUMESH SHARMA V.NATIONAL THERMAL POWER CORP. LTD. & ORS.]Signature Not Verified SLP(C) No. 7012/2014Digitally signed byKALYANI GUPTA [SHREE CEMENT LTD. V. RAJSTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. ]Date: 2016.07.2215:56:10 ISTReason: (With prayer for interim relief and Office Report) PAGE NO. 1 of 2SLP(C) No. 37702 of 2013

S.L.P.(C)...CC No. 8835/2014[M/S. BIRLA CORP. LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAMLTD.& ORS.](With application for permission to file SLP and Office Report)Date : 19/07/2016 These petitions though listed for hearing were mentioned.CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s)in rest of the SLPs Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Amit Pawan, A.O.R. Ms. Suruchi Kaslwal, Adv. Mr. Suroyodaya Prakash Tiwari, Adv.in SLP 1130 & 7012 For M/s Gagrat & Co., Advs.In SLP 6512 Mr. Shantanu Kumar, A.O.R.In CC 8835 Mr. Praveen Kumar, A.O.R.For Respondent(s)in all SLPs Mr. Ajay Choudhary, A.O.R.in SLP 6512 Mr. Puneet Taneja, A.O.R. Ms. Shaheen, Adv. UPON hearing counsel the Court made the following O R D E R List these matters after two weeks. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTERPAGE NO. 2 of 2

SLP(C) No. 37702 of 2013 ITEM NO.29 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Judicature for Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (With application for bringing on record the additional facts and directions and exemption from filing Official Translation and intervention and permission to bring on record subsequent event and additional documents and permission to place additional documents on record) WITH SLP(C) No. 37709/2013 [ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD.] (With application for permission to file additional documents and directions and prayer for interim relief and Office Report) SLP(C) No. 1130/2014 [M/S ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.] (With prayer for interim relief and Office Report) SLP(C) No. 2420/2014 [ULTRATECH CEMENT LTD. V.RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and permission to file lengthy list of dates and prayer for interim relief and Office Report) SLP(C) No. 3628/2014 [MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and prayer for interim relief and Office Report) SLP(C) No. 6512/2014 [BHUMESH SHARMA V.NATIONAL THERMAL POWER CORP. LTD. & ORS.] SLP(C) No. 7012/2014 [SHREE CEMENT LTD. V. RAJSTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. ] (With prayer for interim relief and Office Report) PAGE NO. 1 of 2

SLP(C) No. 37702 of 2013 S.L.P.(C)...CC No. 8835/2014 [M/S. BIRLA CORP. LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.& ORS.] (With application for permission to file SLP and Office Report) Date : 01/03/2016 These petitions though listed for hearing were mentioned. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) in rest of the SLPs Mr. Amit Pawan, A.O.R. in SLP 1130 & 7012 For M/s Gagrat & Co., Advs. In SLP 6512 Mr. Shantanu Kumar, A.O.R. In CC 8835 Mr. Praveen Kumar, A.O.R. For Respondent(s) in all SLPs Mr. Ajay Choudhary, A.O.R. in SLP 6512 Mr. Puneet Taneja, A.O.R. UPON hearing counsel the Court made the following O R D E R List these matters on 29 th March, 2016. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER PAGE NO. 2 of 2

¢SLP(C) No. 37702 of 2013ITEM NO.29 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (C) No. 37702/2013(Arising out of impugned final judgment and order dated 18/11/2013in SBCMA No. 1862/2012 passed by the High Court of Judicature forRajasthan at Jaipur)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for bringing on record the additional facts anddirections and exemption from filing Official Translation andintervention and permission to bring on record subsequent event andadditional documents and permission to place additional documentson record)WITHSLP(C) No. 37709/2013[ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD.](With application for permission to file additional documents anddirections and prayer for interim relief and Office Report) SLP(C) No. 1130/2014[M/S ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and Office Report) SLP(C) No. 2420/2014[ULTRATECH CEMENT LTD. V.RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.](With application for permission to file additional documents and permission to file lengthy list of dates and prayer for interim relief and Office Report)SLP(C) No. 3628/2014[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.](With application for permission to file additional documents and prayer for interim relief and Office Report) SLP(C) No. 6512/2014[BHUMESH SHARMA V.NATIONAL THERMAL POWER CORP. LTD. & ORS.] SLP(C) No. 7012/2014[SHREE CEMENT LTD. V. RAJSTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. ](With prayer for interim relief and Office Report)PAGE NO. 1 of 2SLP(C) No. 37702 of 2013 S.L.P.(C)...CC No. 8835/2014[M/S. BIRLA CORP. LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.& ORS.](With application for permission to file SLP and Office Report) Date : 01/03/2016 These petitions though listed for hearing were mentioned. CORAM : HON&#39;BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON&#39;BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) in rest of the SLPs Mr. Amit Pawan, A.O.R. in SLP 1130 & 7012 For M/s Gagrat & Co., Advs.In SLP 6512 Mr. Shantanu Kumar, A.O.R.In CC 8835 Mr. Praveen Kumar, A.O.R.For Respondent(s)in all SLPs Mr. Ajay Choudhary, A.O.R.in SLP 6512 Mr. Puneet Taneja, A.O.R.UPON hearing counsel the Court made the following O R D E R List these matters on 29 th March, 2016.

[KALYANI GUPTA]COURT MASTER [SHARDA KAPOOR]COURT MASTERPAGE NO. 2 of 2

1 ITEM NO.35 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (with appln. (s) for bringing on record the additional facts and directions and exemption from filing O.T. and intervention and permission to place addl. documents on record) (For final disposal) WITH SLP(C) No. 37709/2013 (With appln.(s) for directions and appln.(s) for permission to place addl. documents on record and appln.(s) for directions and Interim Relief and Office Report) SLP(C) No. 1130/2014 (With Interim Relief and Office Report) SLP(C) No. 2420/2014 (With appln.(s) for permission to file additional documents and appln.(s) for permission to file lengthy list of dates and Interim Relief and Office Report) SLP(C) No. 3628/2014 (With appln.(s) for permission to file additional documents and Interim Relief and Office Report) SLP(C) No. 6512/2014 (With Interim Relief and Office Report) SLP(C) No. 7012/2014 (With Interim Relief and Office Report) S.L.P.(C)...CC No. 8835/2014 (With appln.(s) for permission to file SLP and Office Report) Date : 16/02/2016 These petitions were called on for hearing today.

2 CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Amit Pawan,Adv. Mr. U.A. Rana, Adv. M/s Gagrat & Co. Mr. Shantanu Kumar,Adv. Mr. V. Shekhar, Sr.Adv. Mr. Rajiv Agnihotri, Adv. Mr. Praveen Kumar,Adv. For Respondent(s) Mr. Ajay Choudhary,Adv. Mr. Puneet Taneja,Adv. Ms. Shaheen, Adv. Mr. R.S. Suri, Sr.Adv. Mr. Bharat Singh, Adv. Mr. S.N. Terdol, Adv. Mr. S.N. Bhat, Adv. UPON hearing the counsel the Court made the following O R D E R List on 1 st March, 2016. (USHA BHARDWAJ) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER

X 1 ITEM NO.35 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (with appln. (s) for bringing on record the additional facts and directions and exemption from filing O.T. and intervention and permission to place addl. documents on record) (For final disposal) WITH SLP(C) No. 37709/2013 (With appln.(s) for directions and appln.(s) for permission to place addl. documents on record and appln.(s) for directions and Interim Relief and Office Report) SLP(C) No. 1130/2014 (With Interim Relief and Office Report) SLP(C) No. 2420/2014 (With appln.(s) for permission to file additional documents and appln.(s) for permission to file lengthy list of dates and Interim Relief and Office Report) SLP(C) No. 3628/2014 (With appln.(s) for permission to file additional documents and Interim Relief and Office Report) SLP(C) No. 6512/2014 (With Interim Relief and Office Report) SLP(C) No. 7012/2014 (With Interim Relief and Office Report) S.L.P.(C)...CC No. 8835/2014Signature Not Verified (With appln.(s) for permission to file SLP and Office Report)Digitally signed bySuman WadhwaDate: 2016.02.1716:59:45 ISTReason: Date : 16/02/2016 These petitions were called on for hearing today. 2CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE C. NAGAPPAN

For Petitioner(s) Mr. Amit Pawan,Adv. Mr. U.A. Rana, Adv. M/s Gagrat & Co. Mr. Shantanu Kumar,Adv. Mr. V. Shekhar, Sr.Adv. Mr. Rajiv Agnihotri, Adv. Mr. Praveen Kumar,Adv.For Respondent(s) Mr. Ajay Choudhary,Adv. Mr. Puneet Taneja,Adv. Ms. Shaheen, Adv. Mr. R.S. Suri, Sr.Adv. Mr. Bharat Singh, Adv. Mr. S.N. Terdol, Adv. Mr. S.N. Bhat, Adv. UPON hearing the counsel the Court made the following O R D E R List on 1st March, 2016.(USHA BHARDWAJ) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER

SLP(C) NO. 37702 OF 2013 ITEM NO.48 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Judicature for Rajasthan At Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (With application for bringing on record the additional facts and directions and exemption from filing Official Translation and intervention and permission to place additional documents on record) WITH SLP(C) No. 37709/2013 [ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD.] (With application for directions and application for permission to place additional documents on record and application for directions and Interim Relief and Office Report) SLP(C) No. 1130/2014 [M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.] (With prayer for interim relief and Office Report) SLP(C) No. 2420/2014 [ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYsA VIDYUT UTPADAN NIGAM LD.] (With application for permission to file additional documents and application for permission to file lengthy list of dates and Interim Relief and Office Report) SLP(C) No. 3628/2014 [[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With application for permission to file additional documents and prayer for interim relief and Office Report) SLP(C) No. 6512/2014 [BHUMESH SHARMA V. NATIONAL THERMAL POWER CORP. LTD. & ORS.] SLP(C) No. 7012/2014 [SHREE CEMTN LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.] (With prayer for interim relief and Office Report) S.L.P.(C)...CC No. 8835/2014 [M/S. BIRLA CORP. LTD. V. RAJASTHAN RAJYA VID. UT. N. LTD. & ORS.] (With application for permission to file SLP and Office Report) PAGE NO. 1 OF 2

SLP(C) NO. 37702 OF 2013 Date : 29/01/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) in SLP 37702, 37709, Mr. Anand Nandan, Adv. 2420, 3628 Mr. Amit Pawan, A.O.R. Mr. Suryodaya Prakash Tiwari, Adv. in SLP 1130 & 7012 Mr. U.A. Rana, Adv. Ms. Mrinal Elka Mazumdar, Adv. Mr. Himanshu Mehta, Adv. For M/s Gagrat & Co., Advs. In SLP 6512 Mr. Shantanu Kumar, A.O.R. Mr. Praveen Kumar, Adv. Mr. Ramesh Thakur, Adv. in CC 8835 Mr. Praveen Kumar, A.O.R. Ms. Sunaina Kumar, Adv. For Respondent(s) Mr. Ajay Choudhary, A.O.R. in SLP 6512 Mr. S.N. Bhat, A.O.R. Mr. Ravi Panwar, Adv. Mr. Bharat Singh, Adv. Mr. Shreekant N. Terdal, A.O.R. Mr. Puneet Taneja, A.O.R. Mr. Pranjal Saran, Adv. Mr. Sumit Sharma, Adv. UPON hearing counsel the Court made the following O R D E R List the matters after one week on a Tuesday for final disposal. [KALYANI GUPTA] COURT MASTER [SHARDA KAPOOR] COURT MASTER PAGE NO. 2 OF 2

.SLP(C) NO. 37702 OF 2013ITEM NO.48 COURT NO.6 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition for Special Leave to Appeal (C) No. 37702/2013(Arising out of impugned final judgment and order dated 18/11/2013in SBCMA No. 1862/2012 passed by the High Court of Judicature forRajasthan At Jaipur)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for bringing on record the additional facts anddirections and exemption from filing Official Translation andintervention and permission to place additional documents onrecord)WITH SLP(C) No. 37709/2013[ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD.](With application for directions and application for permission toplace additional documents on record and application for directionsand Interim Relief and Office Report) SLP(C) No. 1130/2014[M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and Office Report) SLP(C) No. 2420/2014[ULTRATECH CEMENT LTD. V. RAJASTHAN RAJYsA VIDYUT UTPADAN NIGAM LD.](With application for permission to file additional documents andapplication for permission to file lengthy list of dates andInterim Relief and Office Report) SLP(C) No. 3628/2014[[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.](With application for permission to file additional documents and prayer for interim relief and Office Report) SLP(C) No. 6512/2014[BHUMESH SHARMA V. NATIONAL THERMAL POWER CORP. LTD. & ORS.] SLP(C) No. 7012/2014[SHREE CEMTN LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD.](With prayer for interim relief and Office Report) S.L.P.(C)...CC No. 8835/2014[M/S. BIRLA CORP. LTD. V. RAJASTHAN RAJYA VID. UT. N. LTD. & ORS.](With application for permission to file SLP and Office Report)PAGE NO. 1 OF 2SLP(C) NO. 37702 OF 2013Date : 29/01/2016 These petitions were called on for hearing today.CORAM : HON&#39;BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON&#39;BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s)in SLP 37702, 37709, Mr. Anand Nandan, Adv.2420, 3628 Mr. Amit Pawan, A.O.R. Mr. Suryodaya Prakash Tiwari, Adv. in SLP 1130 & 7012 Mr. U.A. Rana, Adv. Ms. Mrinal Elka Mazumdar, Adv. Mr. Himanshu Mehta, Adv. For M/s Gagrat & Co., Advs.In SLP 6512 Mr. Shantanu Kumar, A.O.R. Mr. Praveen Kumar, Adv. Mr. Ramesh Thakur, Adv.in CC 8835 Mr. Praveen Kumar, A.O.R. Ms. Sunaina Kumar, Adv.For Respondent(s) Mr. Ajay Choudhary, A.O.R.in SLP 6512 Mr. S.N. Bhat, A.O.R. Mr. Ravi Panwar, Adv. Mr. Bharat Singh, Adv. Mr. Shreekant N. Terdal, A.O.R.

Mr. Puneet Taneja, A.O.R. Mr. Pranjal Saran, Adv. Mr. Sumit Sharma, Adv. UPON hearing counsel the Court made the following O R D E R List the matters after one week on a Tuesdayfor final disposal.[KALYANI GUPTA]COURT MASTER [SHARDA KAPOOR]COURT MASTERPAGE NO. 2 OF 2

ITEM NO.804 COURT NO.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37702/2013 etc. etc. (Arising out of impugned final judgment and order dated 2013-11-18 00:00:00.0 in SBCMA No. 1862/2012 passed by the High Court Of Rajasthan At Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) Date : 20/01/2016 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Amit Pawan,Adv. For Respondent(s) Mr. Ajay Choudhary, Adv. UPON being mentioned the Court made the following O R D E R Post next week before an appropriate Bench. (Shashi Sareen) (Saroj Saini) AR-cum-PS Court Master

à ITEM NO.804 COURT NO.1 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 37702/2013 etc. etc. (Arising out of impugned final judgment and order dated 2013-11-18 00:00:00.0 in SBCMA No. 1862/2012 passed by the High Court Of Rajasthan At Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) Date : 20/01/2016 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Amit Pawan,Adv. For Respondent(s) Mr. Ajay Choudhary, Adv. UPON being mentioned the Court made the following O R D E R Post next week before an appropriate Bench. (Shashi Sareen) (Saroj Saini) AR-cum-PS Court MasterSignature Not VerifiedDigitally signed byMahabir SinghDate: 2016.01.2010:41:38 ISTReason:

SLP(C) No.37702/13 etc. 1 ITEM NO.8 COURT NO.5 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (With appln.(s) for directions and exemption from filing O.T. and intervention and permission to place addl. documents on record) WITH SLP(C) No.37709/2013 (With appln.(s) for directions and permission to place addl. documents on record and Interim Relief and Office Report) SLP(C) No.1130/2014 (With Interim Relief and Office Report) SLP(C) No.2420/2014 (With appln.(s) for permission to file additional documents and permission to file lengthy list of dates and Interim Relief and Office Report) SLP(C) No.3628/2014 (With appln.(s) for permission to file additional documents and Interim Relief and Office Report) SLP(C) No.6512/2014 SLP(C) No.7012/2014 (With Interim Relief and Office Report) S.L.P.(C)...CC No.8835/2014 (With appln.(s) for permission to file SLP and Office Report) Date : 08/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr.S.K.Bagaria, Sr.Adv. Mr.V.Shekhar, Sr.Adv. Mr.Praveen Kumar, Adv. Ms.Sunaina Kumar, Adv. Mr.Kapil Sibal, Sr.Adv. Mr.L.N.Rao, Sr.Adv. Mr. Amit Pawan, Adv. Mr.Abhishek Amritansh, Adv. Mr.Shailendra Kumar, Adv. Mr.Suryodaya Prakash Tiwari, Adv. Ms.Suruchi Kasliwal, Adv. Mr.Sudhakar Prasad Tiwari, Adv.

SLP(C) No.37702/13 etc. 2 Mr.U.A.Rana, Adv. Mrs.Mrinal Majumdar, Adv. For M/s Gagrat & Co., Adv. Mr. Shantanu Kumar, Adv. Mr.Praveen Kumar, Adv. For Respondent(s) Mr.R.S.Suri, ASG Mr.Bharat Singh, Adv. Mr.Shreekant N.Terdal, Adv. Mr.K.K.Venugopal, Sr.Adv. Mr. Ajay Choudhary, Adv. Mr.Ankit R.Kothari, Adv. Mr.Ajay Singh, Adv. Mr.S.K.Taneja, Sr.Adv. Mr. Puneet Taneja, Adv. Mr.Shiv Mangal Sharma, AAG. Mr.Saurabh Shyam Shamshery, AAG Mr.Milind Kumar, Adv. Mr.S.N.Bhat, Adv. Upon hearing the counsel the Court made the following O R D E R Learned senior counsel for the petitioner states, that these connected cases were ordered to be listed on a non-miscellaneous day, and that they may be taken up for hearing on a non-miscellaneous day, as hearing in these cases will take some time. Prayer is allowed. Liberty is also granted to the learned counsel for the respondents to file counter affidavits. The same be filed within six weeks. In case, the arrears are payable on account of fly ash already supplied to the petitioner, the same shall be made good within four weeks from today. List after six weeks, on a non-miscellaneous day. (SATISH KUMAR YADAV) (RENUKA SADANA) COURT MASTER COURT MASTER

# SLP(C) No.37702/13 etc. 1 ITEM NO.8 COURT NO.5 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).37702/2013 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Rajasthan at Jaipur) MANGALAM CEMENT LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s) (With appln.(s) for directions and exemption from filing O.T. and intervention and permission to place addl. documents on record) WITH SLP(C) No.37709/2013 (With appln.(s) for directions and permission to place addl. documents on record and Interim Relief and Office Report) SLP(C) No.1130/2014 (With Interim Relief and Office Report) SLP(C) No.2420/2014 (With appln.(s) for permission to file additional documents and permission to file lengthy list of dates and Interim Relief and Office Report) SLP(C) No.3628/2014 (With appln.(s) for permission to file additional documents and Interim Relief and Office Report) SLP(C) No.6512/2014 SLP(C) No.7012/2014 (With Interim Relief and Office Report) S.L.P.(C)...CC No.8835/2014 (With appln.(s) for permission to file SLP and Office Report) Date : 08/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr.S.K.Bagaria, Sr.Adv. Mr.V.Shekhar, Sr.Adv. Mr.Praveen Kumar, Adv. Ms.Sunaina Kumar, Adv. Mr.Kapil Sibal, Sr.Adv.Signature Not Verified Mr.L.N.Rao, Sr.Adv.Digitally signed bySatish Kumar YadavDate: 2015.01.09 Mr. Amit Pawan, Adv.17:00:14 ISTReason: Mr.Abhishek Amritansh, Adv. Mr.Shailendra Kumar, Adv. Mr.Suryodaya Prakash Tiwari, Adv. Ms.Suruchi Kasliwal, Adv. Mr.Sudhakar Prasad Tiwari, Adv.SLP(C) No.37702/13 etc. 2 Mr.U.A.Rana, Adv. Mrs.Mrinal Majumdar, Adv. For M/s Gagrat & Co., Adv. Mr. Shantanu Kumar, Adv. Mr.Praveen Kumar, Adv.

For Respondent(s) Mr.R.S.Suri, ASG Mr.Bharat Singh, Adv. Mr.Shreekant N.Terdal, Adv. Mr.K.K.Venugopal, Sr.Adv. Mr. Ajay Choudhary, Adv. Mr.Ankit R.Kothari, Adv. Mr.Ajay Singh, Adv. Mr.S.K.Taneja, Sr.Adv. Mr. Puneet Taneja, Adv. Mr.Shiv Mangal Sharma, AAG. Mr.Saurabh Shyam Shamshery, AAG Mr.Milind Kumar, Adv. Mr.S.N.Bhat, Adv. Upon hearing the counsel the Court made the following O R D E R Learned senior counsel for the petitioner states, thatthese connected cases were ordered to be listed on anon-miscellaneous day, and that they may be taken up for hearing ona non-miscellaneous day, as hearing in these cases will take sometime. Prayer is allowed. Liberty is also granted to the learned counsel for therespondents to file counter affidavits. The same be filed withinsix weeks. In case, the arrears are payable on account of fly ashalready supplied to the petitioner, the same shall be made goodwithin four weeks from today. List after six weeks, on a non-miscellaneous day.(SATISH KUMAR YADAV) (RENUKA SADANA) COURT MASTER COURT MASTER

\234 ITEM NO.10 COURT NO.7 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 8835/2014 (Arising out of impugned final judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 passed by the High Court of Rajasthan at Jaipur) M/S BIRLA COR. LTD Petitioner(s) VERSUS RAJASTHAN RAJYA VID. UT.N.LTD & ORS Respondent(s) (With appln. (s) for permission to file SLP and office report) Date : 18/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr.Ashok Grover, Sr.Adv. Mr. Praveen Kumar, Adv. Ms.Sunaina Kumar, Adv. For Respondent(s) Mr.Ajay Choudhary, Adv. Mr.Reepak Kansal, Adv. Mr.Ankit R.Kothari, Adv. Mr.Ajay Singh, Adv. Upon hearing the counsel the Court made the following O R D E R As against the same impugned order, we are informed that SLP(C)No.37702 of 2013 and connected matters are pending. Tag with SLP(C)No.37702 of 2013 and connected matters. The respondent is directed to supply fly ash to the petitioner - M/s Birla Corporation Limited, if the petitioner agrees to pay the highest bid received by the respondent for the same, failing which it shall be open to the respondent to sell the fly ash to the highest bidder.Signature Not VerifiedDigitally signed bySatish Kumar YadavDate: 2014.07.1912:06:03 ISTReason: (SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR

Ò!SLP (C)No. 37702/2013 etc.ITEM NO.7 COURT NO.4 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for directions, intervention, permission to placeaddl. documents on record, exemption from filing O.T. and prayer forinterim relief)WITH SLP(C) NO. 1130 of 2014(With prayer for interim relief and office report)SLP(C) NO. 2420 of 2014(With appln(s) for permission to file additional documents andpermission to file lengthy list of dates and with prayer for interimrelief and office report)SLP(C) NO. 37709 of 2013(With appln(s) for permission to place additional documents onrecord and with prayer for interim relief and office report)SLP(C) NO. 6512 of 2014SLP(C) NO. 7012 of 2014(With prayer for interim relief and office report)SLP(C) NO. 3628 of 2014(With appln(s) for permission to file additional documents and withprayer for interim relief and office report)Date: 25/04/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA 1SLP (C)No. 37702/2013 etc.For Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv. Mr. Ranjeet Kumar, Sr. Adv. Mr. Amit Pawan, Adv. Mr. U. A. Rana, Adv. Mrs. Mrinal Elkar Majumdar, Adv. M/S Gagrat & Co., Advs. Mr. R. F. Nariman, Sr. Adv. Mr. Shantanu Kumar, Adv.For Respondent(s)

Mr. K. K. Venugopal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Puneet Taneja, Adv. UPON hearing counsel the Court made the following O R D E R Pursuant to our orders passed on 04.04.2014, affidavits have been filed by all the petitioners stating therein that they will lift 80 per cent of the saleable MT mentioned in the last column of appendix 1 extracted in the aforesaid order dated 04.04.2014 of this Court. Mr. Venogopal appearing for respondent-Nigam submits that in case any of the parties default in lifting the quantity as undertaken before this Court, the Nigam should be allowed to dispose of the fly ash after serving intimation to the party concerned and also recover an expense of Rs. 150 per MT on disposal of the fly ash through wet system from the defaulting party in addition to the interim rate of fly ash of Rs. 250 per MT if the fly ash is not sold. We find that the aforesaid proposal of Mr. Venugopal is fair and reasonable. 2SLP (C)No. 37702/2013 etc. We, accordingly, direct that in case of default of any of the parties to lift the promised quantities, the Nigam will be entitled to issue a two days' advance notice and thereafter, dispose of the fly ash through wet system and will recover expenses at the rate of 150 per MT for disposal of such fly ash in addition to the interim rate of Rs.250 per MT if the fly ash is not sold. List the matter in the month of July, 2014, on a non- miscellaneous day. [Nidhi Ahuja] [Sharda Kapoor] Court Master Court Master 3

\214ITEM NO.MM1 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for directions,intervention,permission to place addl.documents on record,exemption from filing O.T. and prayer forinterim relief)WITH SLP(C) NO. 1130 of 2014(With prayer for interim relief and office report)SLP(C) NO. 2420 of 2014(With prayer for interim relief and office report)SLP(C) NO. 3628 of 2014(With prayer for interim relief and office report)SLP(C) NO. 37709 of 2013(With prayer for interim relief and office report)SLP(C) NO. 6512 of 2014(With prayer for interim relief and office report)SLP(C) NO. 7012 of 2014(With prayer for interim relief and office report)Date: 11/04/2014 These Petitions were mentioned today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Amit Pawan,Adv. Mr.Shantanu Kumar M/S Gagrat & Co., Advs.For Respondent(s) Mr. Ajay Choudhary,Adv. UPON hearing counsel the Court made the following O R D E R List on 25.04.2014. [Nidhi Ahuja] [Sharda Kapoor] Court Master Court Master

¨SLP(C) NO. 37702/2013 1ITEM NO.MM-4 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for permission to place additional documentson record and prayer for interim relief)WITH CONMT.PET.(C) NO. 153 of 2014 in SLP(C) NO. 37709/2013[ULTRATECH CEMENT LIMITED V. N.M. MATHUR & ORS.]SLP(C) NO. 2420 of 2014[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADANNIGAM LIMITED](With application for permission to file lengthy list of dates,application for permission to file additional documents prayerfor interim relief and office report)SLP(C) NO. 3628 of 2014[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAMLIMITED](With application for permission to file additional documents,prayer for interim relief and office report)SLP(C) NO. 37709 of 2013[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADANNIGAM LIMITED](With application for permission to place additional documentson record, prayer for interim relief and office report)SLP(C) NO. 1130/2014[M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and office report)Date: 09/04/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s)SLP(C) NO. 37702/2013 2 Mr. Amit Pawan, Adv.In SLP 3011, 7012& 37702 Mr. U.A. Rana, Adv. Mr. Himanshu Mehta, Adv. Ms. Mrinal Elkar Majumdar, Adv.

For Respondent(s) Mr. K.K. Venugopal, Sr. Adv. Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. Mr. Jatinder Kumar Bhatia, Adv. Mr. Mukesh Verma, Adv. UPON hearing counsel the Court made the following O R D E R List the matters on 17th April, 2014. [KALYANI GUPTA] [SHARDA KAPOOR] COURT MASTER COURT MASTER

ê0SLP(C) NO. 37702/2013 1ITEM NO. 7 & 8 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for permission to place additional documentson record and prayer for interim relief)SLP(C) NO. 2420 of 2014(With application for permission to file lengthy list of dates,application for permission to file additional documents prayerfor interim relief and office report)SLP(C) NO. 3628 of 2014(With application for permission to file additional documents,prayer for interim relief and office report)SSLP(C) NO. 37709 of 2013(With application for permission to place additional documentson record, prayer for interim relief and office report)SLP(C) NO. 7012/2014(With application for exemption from filing officialtranslation, with prayer for interim releif and office report)SLP(C) NO. 6512/2014SLP(C) NO. 1130/2014(With prayer for interim relief and office report)SLP(C) NO. 37702/2013 2Date: 04/04/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv.(in SLP 37709) Mr. Ranjeet Kumar, Sr. Adv.(in SLP 37702) Mr. Amit Pawan, Adv. Ms. Suruchi Kaisalwal, Adv. Mr. Suryodaya Prakash Tiwari, Adv. Mr. U.A. Rana, Adv. Ms. Mrinal Elkar Majumdar, Adv. Mr. Himanshu Mehta, Adv. For M/s. Gagrat & Co., Advs. Mr. Shantanu Kumar, Adv.For intervenor Mr. Paramjit Singh Patwalia, Sr. Adv. Mr. Samir Ali, Adv.For Respondent(s) Mr. K.K. Venugopal, Sr.Adv. Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Rohit Bhat, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. UPON hearing counsel the Court made the following O R D E R Heard learned counsel for the parties. The position of generation of fly ash in the plant of the respondent Nigam is as follows:SLP(C) NO. 37702/2013 3 APPENDIX 1 POSITION OF FLYASH GENERATION UNIT-CUM-SILLOW WISEName of the cement UNIT Installed Fly ash handling Fly ash 20% of total fly Balancecompany Capacity system and storage Qty.generated ash generated to be 80% silo daily supplied to small saleable (MW) considering entrepreneurs as (MT) running on per MoE & F full load 03.11.2009 (MT) (MT)M/s ACC Ltd. Unit # 1&2 2X110 MW Common for both the 1000 200 800 units with one storage siloM/s Birla Unit #3 210MW Individual with one 900 180 720Corporation Ltd. storage silo

M/s Ultratech Unit #4 210MW Common for both the 900 180 720Cement Ltd. units with two storage silos 900 180 720M/s Ultratech Unit #5 210MWCement Ltd.M/s Shree Mangalam Unit #6 Individual with one 450 90 360Cement Ltd. storage silo Path A Individual with one 450 90 360M/s Mangalam Unit #6 Path storage siloCement Ltd. B 195MW The petitioners/intervenors will file an affidavit by next Friday i.e. 11th April, 2014 as to within what time they will be able to lift the 80% of saleable MT mentioned in the last column. List the matter on 11th April, 2014. [USHA BHARDWAJ] [SHARDA KAPOOR] A.R.-CUM-P.S. COURT MASTER

ò ITEM NO. 56 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No. 1862/2012 ofThe HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for permission to place additional documents on recordand prayer for interim relief)SLP(C) NO. 2420 of 2014[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to file lengthy list of dates, applicationfor permission to file additional documents prayer for interim relief andoffice report)SLP(C) NO. 3628 of 2014[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to file additional documents, prayer forinterim relief and office report)SLP(C) NO. 37709 of 2013[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to place additional documents on record,prayer for interim relief and office report)SLP(C) NO. 1130/2014[M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and office report)SLP(C) NO. 7012/2014[SHREE CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD. ](With application for exemption from filing official translation, withprayer for interim releif and office report)SLP(C) NO. 6512/2014[BHUMESH SHARMA, V. NATIONAL THERMAL POWER CORP. LTD. & ORS.]Date: 28/03/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv.(in SLP 37709) Mr. Ranjeet Kumar, Sr. Adv.(in SLP 37702) Mr. Amit Pawan, Adv. Ms. Suruchi Kaisalwal, Adv. Mr. Suryodaya Prakash Tiwari, Adv.In SLP 1130 & Mr. U.A. Rana, Adv.7012 Ms. Mrinal Elkar Majumdar, Adv. Mr. Himanshu Mehta, Adv. Mr. Savan Samaddar, Adv. For M/s. Gagrat & Co., Advs.

In SLP 6512 Mr. Praveen Kumar, Adv. Mr. Shantanu Kumar, Adv.For intervenor Mr. Paramjit Singh Patwalia, Sr. Adv.Birla Corpn. Ltd. Mr. Samir Ali, Adv. Mr. Suryodaya Prakash Tiwari, Adv. Ms. Suruchi Kaisalwal, Adv.For Respondent(s) Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. Mr. Jatinder Kumar Bhatia, Adv. Mr. Mukesh Verma, Adv. UPON hearing counsel the Court made the following O R D E R Heard learned counsel for the parties. It will be open for the respondent to supply fly ash to the applicant Birla Corporation Limited, on the same terms and conditions on which the fly ash is being supplied to Mangalam Cement Limited subject to the modification that in case Birla Corporation Limited does not lift the entire allotted fly ash, it will be open for the respondent-Nigam to sell the same to some other party. List the matters on 4th April, 2014.| || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

tITEM NO.35 COURT NO.5 SECTION XV 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).7012/2014(From the judgement and order dated 18/11/2013 in SBCMA No. 1861/2012 ofThe HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR)SHREE CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LTD Respondent(s)(With application for exemption from filing Official Translation, prayerfor interim relief and office report)Date: 24/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. U.A. Rana, Adv. Ms. Mrinal Elkar Mazumdar, Adv. For M/S Gagrat & Co., Advs.For Respondent(s) Mr. K.K. Venugopal, Sr. Adv. Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. UPON hearing counsel the Court made the following O R D E R Issue notice. Tag with SLP(C) NO. 37702 of 2013 and other connected matters.| || ||As an interim measure, we direct that the respondent-Nigam will sell fly ash to||the petitioner at the rate of Rs. 250 per MT and the question as to whether the||petitioner will be entitled to refund of the said Rs. 250/- per MT or any ||lesser amount will be considered at a later stage. ||We, however, clarify that in case the petitioner does not lift the entire ||quantity of fly ash and leave some balance of the fly ash, it will be open for ||the respondent-Nigam to sell the balance fly ash to other parties in order to ||prevent pollution in the area. ||This matter will be listed along with SLP(C) NO. 37702 of 2013 and other ||connected matters on Friday the 28th March, 2014. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

PITEM NO.41 COURT NO.41 SECTION XIV 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).6512/2014(From the judgement and order dated 06/11/2013 in WPC No. 3687/2013 of TheHIGH COURT OF DELHI AT NEw DELHI)BHUMESH SHARMA Petitioner(s) VERSUSNATIONAL THERMAL POWER CORP. LTD & ORS Respondent(s)Date: 14/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Praveen Kumar, Adv. Mr. Shantanu Kumar, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R| ||Issue notice. ||Tag with SLP(C) NO. 37702 of 2013 and other connected matters. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

JITEM NO.55 & 56 COURT NO.4 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No. 1862/2012 ofThe HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for permission to place additional documents on recordand prayer for interim relief)WITH CONMT.PET.(C) NO. 153 of 2014 in SLP(C) NO. 37709/2013[ULTRATECH CEMENT LIMITED V. N.M. MATHUR & ORS.]SLP(C) NO. 2420 of 2014[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to file lengthy list of dates, applicationfor permission to file additional documents prayer for interim relief andoffice report)SLP(C) NO. 3628 of 2014[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to file additional documents, prayer forinterim relief and office report)SLP(C) NO. 37709 of 2013[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to place additional documents on record,prayer for interim relief and office report)SLP(C) NO. 1130/2014[M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and office report)Date: 14/03/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv.(in SLP 37709) Mr. Ranjeet Kumar, Sr. Adv.(in SLP 37702) Mr. Amit Pawan, Adv. Ms. Suruchi Kaisalwal, Adv. Mr. Suryodaya Prakash Tiwari, Adv.In SLP 1130 Mr. U.A. Rana, Adv. Ms. Mrinal Elkar Majumdar, Adv.For Respondent(s) Mr. K.K. Venugopal, Sr. Adv. Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. Mr. Jatinder Kumar Bhatia, Adv. Mr. Mukesh Verma, Adv.

UPON hearing counsel the Court made the following O R D E R Heard learned counsel for the parties. By interim order passed by this Court on 31st January, 2014, we had directed that there shall be no sale of fly ash without leave of this Court. In modification of the said order, we direct that the respondent-Nigam will sell fly ash to the petitioners at the rate of Rs. 250/- per MT. The question as to whether the petitioners will be entitled to refund of the said Rs. 250/- per MT or any lesser amount will be considered at a later stage. The contempt proceedings are dropped. The supplies of the fly ash in terms of the interim order passed today will be commenced immediately.| || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER | [SIGNED ORDER IN CONTEMPT PETITION TO FOLLOW.]

úITEM NO.8 & 9 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No. 1862/2012 ofThe HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for permission to place additional documents on recordand prayer for interim relief)WITH CONMT.PET.(C) NO. 153 of 2014 in SLP(C) NO. 37709/2013[ULTRATECH CEMENT LIMITED V. N.M. MATHUR & ORS.]SLP(C) NO. 2420 of 2014[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to file lengthy list of dates, prayer forinterim relief and office report)SLP(C) NO. 3628 of 2014[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With prayer for interim relief and office report)SLP(C) NO. 37709 of 2013[ULTRATECH CEMENT LIMITED V. RAJSTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to place additional documents on record,prayer for interim relief and office report)SLP(C) NO. 1130/2014[M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and office report)Date: 10/03/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv.(in SLP 37709) Mr. Ranjeet Kumar, Sr. Adv.(in SLP 37702) Mr. Amit Pawan, Adv. Ms. Suruchi Kaisalwal, Adv. Mr. Suryodaya Prakash Tiwari, Adv.In SLP 1130 Mr. U.A. Rana, Adv. Ms. Mrinal Elkar Majumdar, Adv.For Respondent(s) Mr. K.K. Venugopal, Sr. Adv. Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. UPON hearing counsel the Court made the following

O R D E R| ||Reply in the Contempt Petition is being filed on behalf of the alleged ||contemnors. ||Personal appearance of contemnor Nos. 3 and 4 is dispensed with for the time ||being. ||List the matters on 14th March, 2014. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

úITEM NO.8 & 9 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No. 1862/2012 ofThe HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With application for permission to place additional documents on recordand prayer for interim relief)WITH CONMT.PET.(C) NO. 153 of 2014 in SLP(C) NO. 37709/2013[ULTRATECH CEMENT LIMITED V. N.M. MATHUR & ORS.]SLP(C) NO. 2420 of 2014[ULTRATECH CEMENT LIMITED V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to file lengthy list of dates, prayer forinterim relief and office report)SLP(C) NO. 3628 of 2014[MANGALAM CEMENT LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With prayer for interim relief and office report)SLP(C) NO. 37709 of 2013[ULTRATECH CEMENT LIMITED V. RAJSTHAN RAJYA VIDYUT UTPADAN NIGAM LIMITED](With application for permission to place additional documents on record,prayer for interim relief and office report)SLP(C) NO. 1130/2014[M/S. ACC LTD. V. RAJASTHAN RAJYA VIDYUT UTPADAN N. LTD.](With prayer for interim relief and office report)Date: 10/03/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv.(in SLP 37709) Mr. Ranjeet Kumar, Sr. Adv.(in SLP 37702) Mr. Amit Pawan, Adv. Ms. Suruchi Kaisalwal, Adv. Mr. Suryodaya Prakash Tiwari, Adv.In SLP 1130 Mr. U.A. Rana, Adv. Ms. Mrinal Elkar Majumdar, Adv.For Respondent(s) Mr. K.K. Venugopal, Sr. Adv. Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. UPON hearing counsel the Court made the following

O R D E R| ||Reply in the Contempt Petition is being filed on behalf of the alleged ||contemnors. ||Personal appearance of contemnor Nos. 3 and 4 is dispensed with for the time ||being. ||List the matters on 14th March, 2014. || ||[KALYANI GUPTA] | |[SHARDA KAPOOR] ||COURT MASTER | |COURT MASTER |

DITEM NO.56 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of TheHIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record and withprayer for interim relief)WITHSLP(C) NO. 37709 of 2013(With appln(s) for permission to place addl. documents on record and withprayer for interim relief and office report)SLP(C) NO. 2420 of 2014(With appln.(s) for exemption from filing O.T. and permission to filelengthy list of dates and with prayer for interim relief and office report)S.L.P.(C)...CC NO. 1729 of 2014(With appln.(s) for permission to file SLP and with prayer for interimrelief and office report)CONMT.PET.(C) NO. 153 of 2014 In SLP(C)No.37709/2013SLP(C)No.1130/2014(With prayer for interim relief and office report)Date: 31/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr.Mukul Rohatgi, Sr.Adv. Mr.Ranjit Kumar, Sr.Adv. Mr. Amit Pawan, Adv. Mr.U.A.Rana, Adv. Mrs.Mrinal Elker Majumdar, Adv. Mr.Himanshu Mehta, Adv. For M/s Gagrat & Co., Adv.For Respondent(s) Mr.R.K.Agarwal, Sr.Adv. Mr. Ajay Choudhary, Adv. Mr.Reepak Kansal, Adv. Mr.Ankit R.Kothari, Adv. Mr.Ajay Singh, Adv. Mr.Ranvijay Guleria, Adv. UPON hearing counsel the Court made the following O R D E RCONMT.PET.(C) NO. 153 of 2014 In SLP(C)No.37709/2013 Heard learned counsel for the parties. While issuing notice in the special leave petition on13.12.2013, this Court had directed the respondent-Nigam not to finalisethe tenders pursuant to the Notice Inviting Tender dated 24.08.2011. Today, a xerox copy of letter dated 22.01.2014 sent by theRajasthan Rajya Vidyut Utpadan Nigam Ltd., Vidyut Bhawan, Janpath, JyotiNagar, Jaipur - 302005 to M/s Wonder Cement Ltd., Makrana Road, MadanGanj,Kishangarh, Distt.Ajmer - 305801 has been produced before us by the learnedsenior counsel for the petitioner and from the said letter, it appears to

us that fly ash generated from Kota Thermal Power Station, Kota onchargeable basis has been allocated to M/s Wonder Cement Ltd. Prima facie,it appears to us that the order dated 13.12.2013 passed by this Courtdirecting the respondent-Nigam not to finalise the tenders pursuant to theNotice Inviting Tender dated 24.08.2011 has been violated. Issue notice to the respondents/alleged contemnors. The contemnor Nos.1 and 2 need not appear in person butcontemnor Nos.3 and 4 are directed to appear in person in the Court on thenext date of hearing. List these matters on 10.03.2014. In the meanwhile, there shall be no sale of fly ash without theleave of this Court.SLP(C)No.2420 of 2014 and SLP(C).........CC 1729/2014 The application for permission to file the special leavepetition is allowed. Delay condoned. Issue notice. (Satish K.Yadav) (Sharda Kapoor) Court Master Court Master

¢ITEM NO.23 COURT NO.5 SECTION XV 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).1130/2014(From the judgement and order dated 18/11/2013 in SBCMA No.1860/2012 of TheHIGH COURT OF RAJASTHAN AT JAIPUR)M/S ACC LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTPADAN N. LTD Respondent(s)(With appln(s) for exemption from filing O.T. and with prayer for interimrelief and office report)Date: 27/01/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr.U.A.Rana, Adv. Mrs.M.Majumdar, Adv. For M/S Gagrat & Co., Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. List along with SLP(C)No.37702 of 2013 and connected matter. List the case on 31.01.2014. (Satish K.Yadav) (Sharda Kapoor) Court Master Court Master

ITEM NO.50 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record and prayer for interim relief)WITH SLP(C) NO. 37709 of 2013(With appln(s) for permission to place addl. documents on record, prayer for interim relief and office report)Date: 27/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Amit Pawan, Adv.For Respondent(s) Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. Mr. Rannvijay, Adv. Mr. Reepak Kansal, Adv. UPON hearing counsel the Court made the following O R D E R List on 31st January, 2014 along with SLP(C) No. 1130 of 2014 and contempt petition, if any, filed. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER

èITEM NO.MM-3 COURT NO.5 SECTION XV 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). 37702/2013(From the judgment and order dated 18/11/2013 in SBCMA No. 1862/2012 of the High Court of Rajasthan at Jaipur)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record and prayer for interim relief)WITH SLP(C) NO. 37709 of 2013(With appln(s) for permission to place addl. documents on record and prayer for interim relief)Date: 24/01/2014 These Petitions were MENTIONED today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Amit Pawan, Adv.For Respondent(s) Mr. Ajay Choudhary, Adv. UPON being mentioned by the counsel the Court made the following O R D E R List on 27th January, 2014 along with SLPs arising out of Diary Nos. 2251 and 2252 of 2014. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER

FITEM NO.47 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record and prayer for interim relief)WITH SLP(C) NO. 37709 of 2013(With applns. for permission to place additional documents on record, prayer for interim relief and office report)Date: 20/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s)37702 Mr. Ranjit Kumar, Sr. Adv.37709 Mr. Mukul Rohtagi, Sr. Adv. Mr. Amit Pawan, Adv.For Respondent(s) Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. Mr. Ajay Singh, Adv. UPON hearing counsel the Court made the following O R D E R List on Friday the 31st January, 2014 along with SLPs arising out of Diary Nos. 2251 and 2252 of 2014. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER

ÄITEM NO.46 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record and prayer for interim relief)WITH SLP(C) NO. 37709 of 2013(With appln(s) for permission to place addl. documents on record and prayer for interim relief and office report)Date: 13/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Amit Pawan, Adv. Mr. Abhishek Abhitranshu, Adv. Mr. Suryodaya P. Tiwari, Adv.For Respondent(s) Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. UPON hearing counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the petitioners. List next week. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER

ÄITEM NO.46 COURT NO.5 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record and prayer for interim relief)WITH SLP(C) NO. 37709 of 2013(With appln(s) for permission to place addl. documents on record and prayer for interim relief and office report)Date: 13/01/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLAFor Petitioner(s) Mr. Amit Pawan, Adv. Mr. Abhishek Abhitranshu, Adv. Mr. Suryodaya P. Tiwari, Adv.For Respondent(s) Mr. R.K. Agarwal, Sr. Adv. Mr. Ajay Choudhary, Adv. Mr. Ankit R. Kothari, Adv. UPON hearing counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the petitioners. List next week. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER

¶ITEM NO.4-B COURT NO.4 SECTION XV 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).37702/2013(From the judgement and order dated 18/11/2013 in SBCMA No.1862/2012 of The HIGH COURT OF RAJASTHAN AT JAIPUR)MANGALAM CEMENT LTD Petitioner(s) VERSUSRAJASTHAN RAJYA VIDYUT UTP. NIGAM LTD Respondent(s)(With appln(s) for permission to place addl. documents on record, exemption from filing O.T. and prayer for interim relief)WITHSLP(C) NO. 37709 of 2013(With appln(s) for permission to place addl. documents on record, exemption from filing O.T. and prayer for interim relief)Date: 13/12/2013 These Petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE JAGDISH SINGH KHEHARFor Petitioner(s) Mr. Ranjit Kumar, Sr. Adv.in SLP(C) 37702 Ms. Suruchi Kasliwal, Adv. Mr. Amit Pawan, Adv.in SLP(C) 37709 Mr. Mukul rohtagi, Sr. Adv. Ms. Suruchi Kasliwal, Adv. Mr. Amit Pawan, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Taken on Board. Application seeking exemption from filing official translation is allowed. Issue notice returnable by the 2nd week of January, 2014. Dasti service, in addition, is permitted. In the meanwhile, the respondent-Nigam will not finalise the tenders pursuant to the Notice Inviting Tender dated 24th August, 2011. (G. SUDHAKARA RAO) (SHARDA KAPOOR) COURT MASTER COURT MASTER

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