Supreme CourtDivision Bench(2002) 04 SC CK 0140

GTC Industries Ltd. vs Union of India (UOI)

Supreme Court Of India · Decided on 19 April 2002 · Citation: AIR 2003 SC 790 : (2003) AIRSCW 208 : (2002) 83 ECC 521 : (2002) 143 ELT 15 : (2002) 6 Supreme 327

HON’BLE JUDGES
N. Santosh Hedge, J · Doraiswamy Raju, J
RESULT
dismissed
CASE NUMBER
Civil Appeal 1371 of 1998

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Judgment

4 paragraphs · 180 words
1.

By this application, the Union of India is seeking a direction to the GTC Industries Ltd. to pay the interest as directed by this Court vide order dated 4-3-1998. The application in question is opposed by the GTC Industries Ltd. on the ground that the company is now before the BIFR, hence, any claim for interest by the Union of India should be governed by the Scheme framed under the said Act.

2.

We are not inclined to accept this objection of the GTC Industries Ltd. because when the order of this Court was made on 4-3-1998, the company was already before the BIFR, hence, it should be presumed that inspire of the said fact this Court directed the company to pay the interest. In such circumstances, this application is liable to be allowed and we direct the GTC Industries Ltd. to pay interest, as directed by this Court vide order dated 4-3-1998.

3.

The company is given 12 weeks' time to pay the interest as directed by this Court in its aforesaid order.

4.

The I.A. is allowed.