Supreme Court Allows Appeals and Remits Matters to High Court for Royalty Computation. The Supreme Court set aside the impugned judgment and directed the High Court to consider the computation of royalty, which was not addressed previously.

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Case Note & Summary

The dispute involved Steel Authority of India Ltd. as the petitioner against the State of Orissa and others as respondents. The case arose from a judgment and order dated 10/01/2007 in OJC No. 6539/1997 from the High Court of Orissa at Cuttack. The Supreme Court heard the petitions for special leave to appeal and condoned the delay in filing. The court granted leave and allowed the appeals, remitting the matters back to the High Court for a decision on the computation of royalty, which had not been addressed in the previous judgment. The impugned judgment was set aside, and the High Court was directed to decide the matter in accordance with law, with no order as to costs. The decision referenced a prior judgment in National Mineral Development Corporation Ltd. v. State of M.P. & Another, reported in 2004 (6) SCC 281, which guided the court's reasoning regarding the remittance.

Headnote

A) Civil Procedure - Special Leave to Appeal - Delay Condonation - The Supreme Court condoned the delay in filing the Special Leave Petitions and granted leave to appeal. The appeals were allowed with no order as to costs, indicating the court's acceptance of the petitions (Paras Not mentioned).

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Issue of Consideration

Whether the computation of royalty was considered in the impugned judgment.

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Final Decision

The Supreme Court allowed the appeals, set aside the impugned judgment, and remitted the matters to the High Court for a decision on the computation of royalty.

Law Points

  • Special Leave to Appeal
  • computation of royalty
  • remittance to High Court
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Case Details

2009 LawText (SC) (01) 128

Civil Appeal No. 345 of 2009

2009-01-19

S.H. Kapadia, Aftab Alam

Sunil Kumar Jain, Ajay Bhatia, Aneesh Mittal, Kirti Renu Mishra, Shibashish Misra

Steel Authority of India Ltd.

State of Orissa & Ors.

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Nature of Litigation

Civil appeal regarding computation of royalty.

Remedy Sought

Steel Authority of India Ltd. sought to appeal the High Court's decision.

Filing Reason

The appeal was filed against the judgment and order dated 10/01/2007.

Previous Decisions

The High Court's judgment did not consider the computation of royalty.

Issues

Whether the computation of royalty was considered in the impugned judgment.

Submissions/Arguments

Petitioner argued for the need to compute royalty as per law. Respondent's arguments were not detailed in the judgment.

Ratio Decidendi

The court emphasized the necessity of addressing the computation of royalty, which was overlooked in the previous judgment, thus remitting the matter for proper consideration.

Judgment Excerpts

Delay condoned. Leave granted. The appeals are allowed with no order as to costs. The matters stand remitted to the High Court to decide on the question of computation of royalty.

Procedural History

The case originated from the High Court of Orissa, with the Supreme Court receiving the petitions for special leave to appeal, which were subsequently allowed.

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