The State Of Karnataka vs. Mspl Limited

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice, Dipankar Datta
Case Status:Pending
Order Date:12 Jul 2024
CNR:SCIN010512052023

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6 Feb 2024

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Order Text

ITEM NO.13

COURT NO.2

SECTION IV-A

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 24254/2024

(Arising out of impugned final judgment and order dated 14-12-2023 in WP No. 26258/2023 passed by the High Court of Karnataka at Bengaluru)

STATE OF KARNATAKA & ORS.

PETITIONER(S)

VERSUS

M/S RAI BAHADUR SETH SHREERAM NARASINGDAS PRIVATE LIMITED

RESPONDENT(S)

(IA NO.140622/2024-CONDONATION OF DELAY IN FILING)

Date: 12-07-2024 This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANJAY KUMAR

For Petitioner(s) Mr. Nishanth Patil, A.A.G. Mr. V. N. Raghupathy, AOR Mr. Ayush P. Shah, Adv. Mr. Vignesh Adithiya S, Adv.

For Respondent(s)

UPON hearing the counsel, the Court made the following $0 R D E R$

Delay condoned.

Issue notice, returnable in the week commencing 22.07.2024.

Notice will be served by all modes, including dasti.

Counter affidavit/reply will be filed within six weeks after vice/acceptance of notice. Rejoinder affidavit, if any, will be filed within six weeks after service of counter affidavit/replv.

Learned counsel appearing for the State of Karnataka has drawn

our attention to the judgments of this Court in National Mineral Development Corporation Ltd. vs. State of M.P. & Anr.1 and Tata Steel Limited vs. Union of India & Ors.2 to submit that iron ore is different from other minerals and royalty is payable on the basis of the beneficiated mineral.

Till the next date of hearing, there will be a stay of operation of the impugned judgment to the extent that the State of Karnataka will not be asked to refund the payments received/collected. The respondent will maintain accounts, including the quantity of the beneficiated mineral produced and sold. The monthly statements of accounts will be submitted to the State of Karnataka and will also be filed in this Court.

(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR

<span id="page-1-1"></span><span id="page-1-0"></span>1 (2004) 6 SCC 281 2 (2015) 6 SCC 193