Kesoram Cement Prop. Kesoram Industries Ltd. President (Cement Division) Shri Animesh Banerjee vs. The State Of Andhra Pradesh And Ors Energy Department Principal Secretary To The Government Of Andhra Pradesh
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Listed On:
21 Jul 2016
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Order Text
LISTED ON: 10.11.2016 REGISTRAR COURT NO.R2 ITEM NO.92
PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 19139, 19166, 19306, 19548, 1835918368, 18745, 1854718566, 1903219039, 17081, 1990419924, 2197721978, 20146, 2185721863, 22936, 23005, 24920, 26816, 26873, 27045, 27047, 24867, 26443, 26639 & 2727527284 OF 2016 AND PETITION FOR SPECIAL LEAVE TO APPEAL (C) NOS. 29277, 29278, 29208, 31343, 3036630367, 30388, 30709 OF 2016
M/s. Madras Cements Ltd. (Now known as M/s Ramco Cements Ltd.) etc.etc. ....Petitioners
Versus
Union of India & Ors. ….Respondents
OFFICE REPORT
SLP (C) Nos. 19139, 19166, 19306, 19548, 1835918368, 18745, 1854718566, 1903219039, 17081, 1990419924, 2197721978, 20146, 2185721863, 22936, 23005, 24920, 26816, 26873, 27045, 27047, 24867, 26443, 26639 & 2727527284 OF 2016
The matters were listed before the Hon'ble Court on 27th September 2016, when the Court was pleased to pass the following orders:
"SLP(C) Nos.18549, 18556, 18562, 18557, 18561, 18559 and 18566 of 2016 (@ SLP(C) Nos.1854718566 of 2016)
Since these matters are pending before the Board for Industrial and Financial Reconstruction (BIFR), we are not inclined to entertain these petitions without payment being made by the petitioners. Accordingly they are dismissed.
However, liberty is granted to the petitioners to revive the petitions after the decision is given by the BIFR.
SLP(C) No.27281 of 2016 (@SLP(C) Nos.2727527284 of 2016)
Last opportunity is granted to the petitioner to pay the amount at six paise per unit on or before 4th October, 2016. This is subject to further orders.
SLP(C) No. 19166/2016 (Rashtriya Ispat Nigam Ltd. v. Union of India)
We have been informed that the State of Andhra Pradesh has given a payment schedule. This is confirmed by Mr. V. V.S. Rao, learned senior counsel appearing on behalf of the State of Andhra Pradesh. This particular petitioner will pay the amounts in terms of the schedule which has been given by the State of Andhra Pradesh.
List the matter in the first week of February, 2017.
Remaining matters including SLP(C) No.27281 of 2016 (@SLP(C) Nos.2727527284 of 2016)
We have heard learned counsel for the parties.
In our opinion, the interim order granted in favour of the petitioners deserves to be varied.
The petitioners have paid @ 6 paise per unit. Since the balance amount is 19 paise per unit, we are of opinion that it would be appropriate if the petitioners pay 50% of the amount, i.e., 9 paise per unit to the respondents within a period of four months from today, i.e., on or before 31st January, 2017. Of course, this payment will be without prejudice to the rights and contentions of either of the parties. The petitioners may make the payment in four equal monthly instalments commencing from the month of October, 2016. It is made clear that the current dues will be paid by the petitioners.
List the matters in the first week of February, 2017." Service position of each matter is as under:
| R # | Notice served through | Served/<br>Unserved | Remarks |
|---|---|---|---|
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed so far. |
| R2 &<br>R3 | Mr. G. Prabhakar,<br>Advocate | Served | Already filed Caveat/V/A. |
| R4 &<br>R5 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | V/A not filed. |
SLP (C) No.19139/2016
SLP (C) No.19166/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed so far. |
|---|---|---|---|
| R2 &<br>R3 | Mr. G. Prabhakar,<br>Advocate | Served | Already filed Caveat/V/A. |
SLP (C) No.19306/2016
| R1 & | Mr. G. Prabhakar, | Served | Already filed Caveat/V/A. |
|---|---|---|---|
| R2 | Advocate |
SLP (C) No.19548, 18745/2016
| R1 &<br>R2 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
|---|---|---|---|
| R3 &<br>R4 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already filed Caveat/V/A filed. |
SLP (C) No.1835918368/2016
| R1 & R2 in SLP<br>18359, 18360 & 18368<br>and R2 & R3 in SLP<br>18361 - 18367 | Mr. G. Prabhakar,<br>Advocate | Served | Already<br>filed<br>Caveat/V/A . |
|---|---|---|---|
| R3 & R4 in SLP<br>18359, 18360 & 18368<br>and R4 & R5 in SLP<br>18361 - 18367 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | V/A not filed. |
| R1 in 18361 - 18367 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
| R6 in 18361 | Registered A.D. Post | Unserved | Returned with postal<br>remarks"Incorrect Address" |
| R6 in 18362 | Registered A.D. Post | Served | Notice delivered on<br>03.08.2016 |
| R6 in 18363 | Registered A.D. Post | Unserved | Returned with postal<br>remarks"Incorrect Address" |
| R6 in 18365 | Registered A.D. Post | Served | Notice delivered on<br>03.08.2016 |
SLP (C) No.18547—18566/2016 [SLP (C) Nos.18549, 18556, 18562, 18557, 18561, 18559 & 18566/2016 dismissed vide Court's Order dated 26.09.2016]
| R1 & R2 in SLP<br>18547-18548, R2& R3<br>in SLP 18549-18555,<br>18557-18560,<br>18563-18564 & 18566<br>and R4 & R5 in SLP<br>18556, 18561, 18562<br>& 18565 | Mr. G. Prabhakar,<br>Advocate | Served | V/A not filed. |
|---|---|---|---|
| R3 & R4 in SLP<br>18547-18548 and R4<br>& R5 in SLP<br>18549-18555,<br>18557-18560,<br>18563-18564 & 18566<br>and R2 & R3 in SLP<br>18556, 18561, 18562<br>& 18565 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>filed<br>CaveatV/A. |
| R5 in SLP 18547 | Registered A.D. Post | Unserved | Retruned with postal remarks<br>"No such person" |
| R1 in SLP<br>18549-18566 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
| R6 in SLP 18550 | Registered A.D. Post | Served | Notice delivered on<br>01.08.2016 |
| R6 in SLP 18551 | Registered A.D. Post | Served | Notice delivered on<br>01.08.2016 |
| R6 in SLP 18552 &<br>18563 | Registered A.D. Post | Served | Notice delivered on<br>06.08.2016 |
| R6 in SLP 18553 | Registered A.D. Post | Unserved | Retruned with postal<br>remarks "Left" |
| R6 in SLP 18555 | Registered A.D. Post | Unserved | Retruned with postal<br>remarks<br>"Incorrect<br>Address" |
| R6 in SLP 18556 | Registered A.D. Post | Served | Dismissed vide Court's<br>Order dt.26.09.2016 |
| R6 in SLP 18562 | Registered A.D. Post | Served | Dismissed vide Court's<br>Order dt.26.09.2016 |
| R6 in SLP 18565 | Registered A.D. Post | Unserved | Neither A.D. Card nor<br>unserved cover recieved<br>back so far. |
...5/
SLP (C) No.1903219039/2016
| R1 in SLP<br>19032-19039 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. | |
|---|---|---|---|---|
| R2 & R3 in SLP<br>19032-19039 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. | |
| R4 & R5 in SLP<br>19032-19039 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>CaveatV/A. | filed |
| R6 in 19033 & 19034 | Registered A.D. Post | Served | Notice delivered on<br>01.08.2016 |
SLP (C) No.17081/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. | |
|---|---|---|---|---|
| R2 & R3 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>CaveatV/A. | filed |
SLP (C) No.1990419924/2016
| Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. | |
|---|---|---|---|
| Mr. G. Prabhakar,<br>Advocate | Served | V/A not filed. | |
| M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>CaveatV/A. | filed |
| Registered A.D. Post | Served | Notice delivered on<br>01.08.2016 | |
| Registered A.D. Post | Served | Notice delivered on<br>11.08.2016 | |
SLP (C) No.2197721978/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
| R4 & R5 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | V/A not filed. |
SLP (C) No.20146/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
SLP (C) No.2185721863/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A not filed. |
| R4 & R5 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>filed<br>CaveatV/A. |
SLP (C) No.22936/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. | |
|---|---|---|---|---|
| R2 & R3 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>CaveatV/A. | filed |
...7/
SLP (C) No.23005/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A not filed. |
SLP (C) No.24920, 24867/2016
| R1 & R2 | Mr. G. Prabhakar,<br>Advocate | Served | V/A not filed. |
|---|---|---|---|
| R3 & R4 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | V/A not filed. |
SLP (C) No.26816, 27047, 26443, 26639/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
SLP (C) No.26873/2016
| R1 & R2 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
|---|---|---|---|
| R3 & R4 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | V/A not filed. |
SLP (C) No.26873/2016
| R1 & R2 | Mr. G. Prabhakar, | Served | V/A filed. |
|---|---|---|---|
| Advocate |
8
SLP (C) No.2727527284/2016
| R1 & R2 in SLP<br>27275,<br>R2 & R3 in SLP<br>27276-27281, 27283<br>& 27284 &<br>R4 & R5 in SLP 27282 | Mr. G. Prabhakar,<br>Advocate | Served | V/A not filed. |
|---|---|---|---|
| R3 in SLP 27275 &<br>27282<br>R2 in SLP 27282<br>R4 & R5 in SLP<br>27275-27281, 27283<br>& 27284 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | Already<br>filed<br>CaveatV/A. |
| R1 in SLP<br>27275-27281, 27283<br>& 27284<br>R2 in SLP 27283 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
SLP (C) NOS. 29277& 29278/2016
The matters were listed before the Hon'ble Court on 30th September
2016, when the Court was pleased to pass the following orders:
"CC No(s). 18073/2016
Delay condoned.
Issue notice.
In terms of order dated 27.09.2016 passed in SLP (C) 19139/2016 etc., we direct the petitioner to pay the amount at six paise per unit to the respondents within a period of two weeks from today.
Thereafter, the petitioner will pay an additional amount of nine paise per unit to the respondents within four months from today, i.e. on or before 31st January, 2017. In other words, by 31st January, 2017, the petitioner should pay fifteen paise per unit. Of course, this payment will be without prejudice to the rights and contentions of either of the parties. The petitioner may make the payment in four equal monthly instalments commencing from the month of October, 2016. It is made clear that the current dues will be paid by the petitioner.
CC No(s).18767/2016
Delay condoned. Issue notice.
Learned counsel for the petitioner says that the petitioner has paid the amount at six paise per unit to the respondents. The petitioner will now pay an additional amount of nine paise per unit to the respondents within four months from today, i.e. on or before 31st January, 2017. In other words, by 31st January, 2017, the petitioner should pay fifteen paise per unit. Of course, this payment will be without prejudice to the rights and contentions of either of the parties. The petitioner may make the payment in four equal monthly instalments commencing from the month of October, 2016.
It is made clear that the current dues will be paid by the petitioner.
List the matters in the first week of February, 2017 along with SLP (C) No. 19139/2016 etc."
Service Position
| R1 | Registered A.D. Post<br>copy to Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Unserved | Returned<br>without<br>postal remarks. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
| R4 & R5 | M/s. Venkat Palwai<br>Law Associates,<br>Advocates | Served | V/A not filed. |
SLP (C) No.29277/2016
SLP (C) No.29278/2016
| R1 | Mr. B.K. Prasad,<br>Advocate, Central<br>Agency Section | Served | V/A not filed. |
|---|---|---|---|
| R2 & R3 | Mr. G. Prabhakar,<br>Advocate | Served | V/A filed. |
...10/
SLP (C) NOS. 29208/2016
The matter was listed before the Hon'ble Court on 17th October 2016, when the Court was pleased to pass the following orders:
"Issue notice.
The petitioner has paid @ 6 paise per unit. Since the balance amount is 19 paise per unit, we are of opinion that it would be appropriate if the petitioner pays 50% of the amount, i.e., 9 paise per unit to the respondents within a period of four months from today, i.e., on or before 31st January, 2017. Of course, this payment will be without prejudice to the rights and contentions of either of the parties. The petitioner may make the payment in four equal monthly instalments commencing from the month of October, 2016. It is made clear that the current dues will be paid by the petitioner.
List the matter in the first week of February, 2017 along with SLP(C) No.19139 of 2016."
SERVICE POSITION
| R1 & R2 | Mr. G. Prabhakar, | Served | V/A not filed. |
|---|---|---|---|
| Advocate |
SLP (C) Nos. 31343, 3036630367, 30388, 30709 OF 2016
The matters were listed before the Hon'ble Court on 21st October 2016,
when the Court was pleased to pass the following orders:
"Delay condoned.
Issue notice.
Learned counsel for the petitioner(s) says that the petitioner(s) have paid the amount at six paise per unit to the respondents.
The petitioner(s) will now pay an additional amount of nine paise per unit to the respondents within four months from today, i.e. on or before 31st January, 2017. In other words, by 31st January, 2017, the petitioner(s) should pay fifteen paise per unit. Of course, this payment will be without prejudice to the rights and contentions of either of the parties. The petitioner(s) may make the payment in four equal monthly instalments commencing from the month of October, 2016. It is made clear that the current dues will be paid by the petitioner(s).
...11/
List the matters in the first week of February, 2017 along with SLP (C) No. 19139/2016 etc."
It is submitted that show cause notice is yet to be issued in these matters.
The Office Report is listed before the Ld. Registrar's Court for orders.
Dated this the 9th Day of November, 2016.
ASSISTANT REGISTRAR
Copy to :
-
- Mrs. Prabha Swami, Advocate, 126, M.C. Setalvad Lawyers' Chambers, Supreme Court of India, New Delhi.
-
- Mr. Guntur Prabhakar, Advocate, Andhra Pradesh Bhavan, 1, Ashoka Road, New Delhi.
-
- M/s. K.J. John & Co., Advocates, 428, M.C. Sethalwad Lawyer's Chambers,
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- M/s. Venkat Palwai Law Associates, Advocate, 304306, Sikka Plaza, Mayur Vihar Phase I, New Delhi.
-
- Mr. S. Narain & Co., Advocate, 305, C.K. Daphtary Block Lawyers Chambers.
-
- Mr. Y. Rajagopala Rao, Advocate 103, Old Lawyears Chamber,
-
- Mr. Sudhir Naagar, Advocate
-
- *Mr. B.K. Prasad, Advocate Standig Counsel for Union of India Central Agency Section. *You are requested to file Vakalatnama/Appearnce on behalf of Union of
India.
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- Mr. Sridhar Potaraju, Advocate D305, Second Floor, Defence Colony, New Delhi110023.
-
- Mr. A.D.N. Rao, Advocate
-
- Mr. Sadineni Ravi Kumar
-
- Mr. Vishal Arun, Advocate
-
- Mr. V.R. Anumolu, Advocate
ASSISTANT REGISTRAR
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