(Dipak Misra and Amitava Roy, JJ.)
M/s. Dharampal Satyapal Ltd. & Ors. _________________ Appellant(s)
v.
U.O.I. & Anr. ___________________________________ Respondent(s)
I.A. No. 2/2016 In Civil Appeal No. 8553/2016, decided on November 21, 2016
The Order of the court was delivered by
Order
1. Heard Dr. Abhishek Manu Singhvi and Mr. S.K. Bagaria, learned senior counsel along with Mr. Ajoy Roy, learned counsel for the appellants-applicants and Mr. P.S. Narasimha, learned Additional Solicitor General along with Mr. A.K. Panda, learned senior counsel for the respondent.
2. Having heard learned counsel for the parties, we are inclined to recall the order dated 31st August, 2016 and dismiss the civil appeal. However, we are constrained to impose costs as the matter was argued for some time before this Court and an order was passed in civil appeal setting aside the order of the High Court. We may immediately state that the appellants on the previous occasion had submitted that the matter should be thrashed out before the Settlement Commission, but today it is argued that the matter requires to be adjudicated by the adjudicating authority as a show cause notice was issued. A plea of improper advise is canvassed. Therefore, we impose a cost of Rs. 4 crores (Rupees four crores only) on the appellants. The said amount shall be deposited before the concerned adjudicating authority within four weeks hence and after deposition, the authority shall proceed with the adjudication. If the amount of costs is not deposited within the stipulated time, the adjudicating authority shall proceed as advised in law. Needless to say, the adjudicating authority shall dwell upon the matter without being influenced by the order passed by the High Court.
3. No petition shall be entertained by the Registry seeking extension of time for deposition of the costs.
4. I.A. No. 2 of 2016 is, accordingly, disposed of.
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