The Supreme Court (SC) ruled last week, the sugar bags pledged by mills in favour of a bank as security for repaying loans with interest could be attached and sold for realisation of employees’ provident fund (EPF) dues of the mills. In the Maharashtra State Coop Bank Ltd vs Assistant Provident Fund Commissioner, the bank advanced loans during the season to Kannad Sahakari Sakhar Karkhana Ltd and Gangapur Sahakari Sakhar Karkhana Ltd. For repaying the loan and interest, the mills pledged their stocks. When they failed to contribute to the EPF, the commissioner attached the sugar bags, auctioned and deposited the amount in the EPF. The bank challenged the action.
‘Keep off arbitrator awards’
The SC has said courts should not interfere in the award of an arbitrator unless unreasonable and arbitrary. Courts should not substitute its views for that of the arbitrator. While quashing the judgement of the Kerala high court, K V Mohammed Zakir vs Regional Sports Centre, the SC asserted the reasons of the arbitrator was not open to scrutiny. The contractor was accused of delaying a project.
Firm’s permit to be reconsidered
The SC has asked the Allahabad HC to reconsider permit to Kothari Ferm. & Biochem Ltd to operate in view of the adverse report of the UP pollution control board.
The board had appealed to the SC against the order permitting the firm to run the factory. The high court had called for a report from the Central Pollution Control Board. The SC remitted the issue to the high court and asked it to pass appropriate orders after receiving the central board’s report.
JSW Energy’s power plant
The Delhi high court has directed the Expert Appraisal Committee of the Ministry of Environment and Forests to re-examine in three months the approval to JSW Energy Ltd to set up a coal-based power plant in Jaigarh, Ratnagiri district of Maharashtra. The order was passed in a petition by orchard owners challenging the environment clearance to the company. In the judgment, Balachandra Nalwade vs Union of India, the Delhi high court ordered that till specific approval is granted by the Expert Appraisal Committee, the thermal plant will not be made operational and integrated with the power grid.
Notifications struck down
The Bombay high court has struck down two notifications of the Maharashtra government which withdrew the exemption of payment of electricity duty for captive generation of power by non-conventional or conventional sources except to the industries in the cooperative sector. The high court passed the order on the petitions of Ravalgaon Sugar Farms Ltd, Saswad Mali Sugar Factory Ltd and New Phaltan Sugar Works Ltd. They argued they were discriminated against because they were registered under the Companies Act and were not cooperatives.