Steel Authority Of India Limited v. Union Of India

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20.4.2018 + W.P.(C) 3925/2018 STEEL AUTHORITY OF INDIA LIMITED ..... Petitioner Through:

Mr. Dayan Krishanan, Sr. Adv. with Mr. Yashraj Singh Deora, Ms. Anjana Saddy and Ms. Asmita Singh, Advs.

versus UNION OF INDIA ..... Respondent Through:

Mr. Jaswant Rai Aggarwal with Ms.

Sarika Goyal and Mr. Vinod Tiwari, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J. (ORAL) CM APPL. No.15525/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) No.3925/2018 & CM Appl. No.15524/2018 2.

Issue notice.

2.1 Mr. Aggarwal accepts notice for the respondent. Mr. Aggarwal says that in view of the order proposed to be passed in the captioned petition, the respondent does not wish to file a counter affidavit in the matter. 3.

The substantive prayers made in the application are as follows: "(i) Issue a writ, order or direction in the nature of certiorari so as to quash the show cause notices dated 19.3.2018 and 16.4.2018 issued by the respondent; and/or (ii) Issue a writ, order or direction in the nature of certiorari so as to quash the allotment agreement dated 30.3.2018 on

account of the same being void; and/or"

4.

It is not disputed by Mr. Krishanan, learned Senior Counsel who appears for the petitioner, that the impugned show cause notices dated 19.3.2018 and 16.4.2018 have been received by the petitioner. Learned Senior Counsel submits that the replies to the show cause notices will be filed within 10 days from today. The said statement is taken on record. 5.

Upon replies being filed, as indicated above by the petitioner, the concerned authority will adjudicate upon the matter and pass a speaking order thereof. A copy of the said order will be furnished to the petitioner. 5.1 In case the petitioner is aggrieved by the determination of the concerned authority, it will have liberty to take recourse to remedy known to law.

5.2 However, as indicated above by Mr. Krishanan, subject bank guarantee will be kept alive for a further period of six months. Needless to say that the respondent will adjudicate the impugned show cause notices with due expediency.

6.

Writ petition is disposed of in the above terms. 7.

It is made clear that in case the determination qua impugned show cause notices is against the interest of the petitioner, the same shall not be given effect to for a period of three weeks from the date of decision. RAJIV SHAKDHER, J APRIL 20, 2018/pmc