Hon'ble Mahendra Dayal,J.
Heard learned counsel for the parties.
Through the instant writ petition, the petitioner prays for a direction to the opposite parties, i.e. The Madhya Pradesh State Electricity Board and the guarantor Madhya Pradesh Government to pay regular interest on the Bonds as per terms and conditions laid down in the letter of allotment dated 1.12.1998 (Annexure No.5 to the writ petition) and letter of allotment dated 13.1.2000 (Annexure No.6 to the writ petition) alongwith delayed interest thereon and the principal amount of the bonds as and when it fell due as stated in para 17 of the writ petition.
A coordinate Bench of this Court, vide order dated 1.7.2013 provided that the Court will very much appreciate if on the next at least admitted payable amount is paid by the Madhya Pradesh Electricity Board in the form of a draft drawn in the name of the petitioner to be produced in the Court and handed over to the learned Counsel for the petitioner.
According to the petitioner, the aforesaid order has not been complied with by the opposite parties and the admitted amount has not been paid. Thereafter, a counter-affidavit has been filed on 9.9.2013.
In the meantime, M.P. State Electricity Board had filed a writ petition (Civil) No.675 of 2004 before the Apex Court and the Apex Court has passed an interim order, which reads as under :-
"As an interim measure status-quo prevailing as on today shall continue. List the matter for arguments on application for stay four weeks hence. In the meantime respondents in the Transfer Petitions are permitted to file their objections to the stay application."
The said order was passed on T.P. (C) No. 3/2005, T.P. (C) No. 4/2005, T.P. (C) No. 5/2005, Original Suit No. 6/2004 with application under Order XXIII, Rule 6(A) of the Supreme Court Rules, 1966.
The aforesaid order has been placed before this Court for its perusal by Shri Sanchit S Asthana. Further, he submits that the details of the order have been mentioned in paragraph 12 of the counter affidavit, which was sworn on 9.9.2013 by Mr.A.K.Nagpure, Officer-in-charge.
In order to verify the status of the aforesaid writ petition as well as the applications, which are connected thereof, we have granted time to the learned counsel for the parties and in compliance thereof, Mr. L.P. Shukla, learned counsel for the petitioner has brought to the notice of the Court the judgement passed in the aforesaid writ petition, which was reported in (2006) 10 SCC 736 M.P. State Electricity Board Vs. Union of India and Others with Transfer Case Nos. 44 to 46 of 2005 decided on September 13, 2006, to which Shri Sanchit S Asthana states that the writ petition, which has been preferred by the State of M.P. has not been decided till date, whereas on perusal of the judgement passed by the Apex Court, it reflects that the Writ Petition (C) No. 675 of 2004 with Transfer Case Nos. 44 to 46 of 2005 has been decided on September 13, 2006. A perusal of the counter-affidavit filed on 9.9.2013, it reveals that nothing has been mentioned in the said affidavit.
In these circumstances, Mr.A.K.Nagpure, Officer-in-charge, who has sworn the affidavit dated 9.9.2013 and the Chief Secretary of State of M.P. shall appear in person and apprise this Court about the present status of the case, which is pending before the Apex Court. They shall also inform this Court about the payment of regular interest on the Bonds as per terms and conditions laid down in the letter of allotment dated 1.12.1998 (Annexure No.5 to the writ petition) and letter of allotment dated 13.1.2000 (Annexure No.6 to the writ petition) alongwith delayed interest thereon and the principal amount of the bonds as and when it fell due as stated in para 17 of the writ petition.
List on 27.03.2014.
Order Date :- 10.3.2014 Anurag/-