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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9677/2014
ORISSA MINING CORPORATION LTD & ORS. Appellant(s)
VERSUS
M/S MAA VAISHNNAVI SPONGE LTD & ANR. Respondent(s)
O R D E R
We are informed that so far as the amount
deposited towards the iron ore not lifted is
concerned, the same is stated to have been remitted
on 13.07.2021. The iron ore lifted is of 68.35 per
cent of the total contractual amount.
In view thereof so far as the forfeiture of
earnest money is concerned, the same will have to
be governed by the principle as set out in our
judgment passed on 16.12.2021 in Civil Appeal No.
9829/2014 (Orissa Mining Corporation Ltd. & Ors.
vs. Satyasai Mines and Minerals Ltd. & Anr.) and
connected matter relating to the iron ore and
contracts for the same period.
In view of the aforesaid, the impugned
order is set aside with the same relief.
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The appeal is accordingly allowed and the
writ petition filed before the High Court stands
dismissed.
………………………………………..J. [SANJAY KISHAN KAUL]
………………………………………….J. [M.M. SUNDRESH]
NEW DELHI, DECEMBER 17, 2021.
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ITEMNO.45 Court 6 (Video Conferencing) SECTION XI-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS