2015 (4) TMI 1369 - SC - Indian Laws

Appeals allowed and excess coal price refunds ordered; Article 141 makes Eastern Coalfields precedent binding

The SC held the petitions seeking refund of amounts realized in excess of notified coal prices were maintainable and allowed the appeals, faulting the ... Maintainability of petition seeking refund of amounts realized in excess of notified coal prices pursuant to a struck-down e-auction scheme - HELD THAT:- It is really unfortunate that though the decision of this Court in the Eastern Coalfields Ltd. [2011 (8) TMI 1392 - SUPREME COURT] was holding the field having been rendered during the pendency of the writ petition on 10.08.2011 yet neither the Single Judge who decided the writ petition on 02.04.2012 and nor the Division Bench who decided the appeal on 14.12.2012 took note of the decision much less referred to it in their respective judgments. We cannot, therefore, countenance the approach of the two courts below in deciding the issue though it was of reversal. Article 141 of the Constitution provides that the law declared by this Court shall be binding on all Courts within the territory of India. Therefore, once this Court decided the issue in the case of Eastern Coalfields Ltd. on 10.08.2011 by passing a reasoned order, a fortiori, the ratio decidendi declared in the said decision was binding on all the Courts in the country for giving effect to it while deciding the lis of the same nature. Both the Courts below were, therefore, under legal obligation to have taken note of the said decision and then should have decided the writ petition/appeal in conformity with the law laid down therein. It was more so because controversy involved in both the cases was similar in nature. The appeals filed by the writ petitioners i.e. appeals arising out of S.L.P deserve to be allowed and are accordingly allowed - Appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether writ petitions seeking refund of amounts realized in excess of notified coal prices pursuant to a struck-down e-auction scheme are maintainable in writ jurisdiction or are exclusively contractual/civil claims. 2. Whether claimants similarly situated to recipients of an earlier Supreme Court decision are entitled to the benefit of that decision despite not being parties to the earlier proceedings. 3. Whether pleas of limitation, delay and laches defeat claims for refund where relief flow from a prior declaratory judgment invalidating the scheme and where claimants filed soon after the relevant higher court rulings. 4. Whether the defence of unjust/undue enrichment is available to a state-owned coal company to deny restitution of excess monies collected pursuant to an invalid administrative commercial scheme. 5. Whether lower courts below were bound to apply and follow the legal conclusions reached by the Supreme Court in closely related prior decisions while adjudicating parallel claims. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Maintainability of writ petitions vs. contractual remedy Legal framework: Article 32/226 writ jurisdiction permits remedies where legal or fundamental rights are infringed or where public law duties are involved; restitutionary claims and civil contractual remedies ordinarily fall within civil courts unless public law considerations render writ relief appropriate. Precedent treatment: Earlier Supreme Court rulings addressing the struck-down e-auction scheme directed refund of excess amounts and laid down guidelines for restitution; those rulings treated such claims as entertainable in public law proceedings in the facts of that litigation. Interpretation and reasoning: The Court found the claims arose directly from the nullification of an administrative scheme by the Supreme Court; the excess sums were collected under that scheme and their collection was declared illegal. The right to claim restitution therefore stemmed from the consequence of the public-law invalidation, not merely from a private contractual dispute. The pleadings concretely identified supply dates, quantities, sale orders and amounts paid; the alleged factual matrix was not genuinely in dispute on the record before the courts below. Ratio vs. Obiter: Ratio - where monies were collected pursuant to an administrative scheme subsequently declared ultra vires, affected parties can seek restitution in writ jurisdiction; the claim is not rendered non-maintainable merely because it involves commercial transactions. Conclusion: Writ petitions were maintainable; the Division Bench erred in treating the claims as exclusively contractual and non-justiciable in writ jurisdiction. Issue 2 - Binding effect of prior Supreme Court decisions on similarly situated persons Legal framework: Article 141 mandates that law declared by the Supreme Court is binding on all courts; principles of precedent and parity require application of settled law to similar cases even where the litigant was not party to earlier proceedings. Precedent treatment: A prior decision by the Supreme Court had quashed the e-auction scheme and, in a subsequent reasoned order, affirmed refund remedies and refused to limit relief only to parties before the Court. Interpretation and reasoning: The Court emphasised that the earlier reasoned order had rejected defenses raised by coal companies and had explicitly held that the consequences of quashing the scheme (including refund obligations) applied beyond the parties to that litigation. Both the Single Judge and Division Bench below failed to consider or follow that controlling precedent. Ratio vs. Obiter: Ratio - a Supreme Court decision declaring an administrative scheme invalid and directing restitution binds lower courts and must be extended to similarly situated persons; failure to apply such precedent is error. Conclusion: Claimants who are similarly situated are entitled to the benefit of the prior decision; lower courts are bound to apply that law. Issue 3 - Limitation, delay and laches Legal framework: Limitation and laches may bar civil claims; however, when rights arise as a consequence of a judicial determination (declaratory judgment), the cause of action and reasonable time for filing are measured from that determination. Writ petitions may be entertained where filed within a reasonable period from the precedent-setting order. Precedent treatment: Earlier Supreme Court authority recognised that the entitlement to restitution arose as a consequence of the quashing of the scheme and subsequent affirmations by the Court; filings made promptly after those orders were held timely. Interpretation and reasoning: The Court held that the right to file for refund crystallised when the Supreme Court rendered its reasoned order dismissing the special leave petition and confirming the refund remedy. The claimants filed within one month of that decision; alternatively, claimants could rely on the later reasoned judgment that finally disposed of objections and clarified entitlement. The Division Bench's dismissal on limitation grounds ignored the operative accrual date established by higher court rulings. Ratio vs. Obiter: Ratio - limitation cannot defeat restitutionary claims that accrue only upon a higher court's determinative ruling; claims filed within a reasonable period thereafter are timely. Conclusion: The writ petitions were not barred by limitation, delay or laches where filed promptly after the controlling Supreme Court orders. Issue 4 - Unjust/undue enrichment defence Legal framework: Unjust enrichment is a defence in restitutionary claims, developed principally in contexts of statutory or public dues, taxes or duties; availability depends on pleadings, notice and whether the defence was relied upon at trial. Precedent treatment: The Supreme Court had earlier examined and rejected an unjust enrichment defence raised by a coal company on similar facts where no such plea had been properly pleaded before the writ court and where the company had refunded other parties in analogous circumstances. Interpretation and reasoning: The Court reiterated that the principle of unjust enrichment had limited application where the excess amounts were realized pursuant to an invalid administrative scheme and where the company had not consistently raised the defence. Further, the pleadings and record did not show a factual basis warranting application of unjust enrichment to deny restitution; the plea was, in any event, inappropriate to defeat relief granted as a consequence of quashing the scheme. Ratio vs. Obiter: Ratio - where an administratively collected sum is declared unlawful, and no pleading or evidentiary basis for unjust enrichment exists, the defence cannot be used to deny restitution; absent distinct factual differences, this defence will not stand in parallel cases. Conclusion: The defence of unjust enrichment did not bar refund; the Division Bench's rejection of the defence was consistent with precedent and was not error in the claimants' favour. Issue 5 - Obligation of lower courts to follow Supreme Court precedent Legal framework: Under Article 141, Supreme Court law is binding; lower courts must follow controlling decisions on identical or substantially similar questions of law and fact. Precedent treatment: The impugned lower court orders failed to refer to and apply a controlling Supreme Court decision that directly addressed the same legal questions. Interpretation and reasoning: The Court criticised the failure of the courts below to take judicial notice of the binding precedent and to decide the lis in conformity with the law declared. The omission rendered the impugned judgments legally unsustainable. Ratio vs. Obiter: Ratio - lower courts' failure to apply binding Supreme Court precedent in materially similar cases constitutes reversible error. Conclusion: The judgments below were set aside for not following controlling Supreme Court decisions; the Single Judge's order granting restitution was restored. Remedial disposition and directions Interpretation and reasoning: Having reinstituted the Single Judge's relief in conformity with binding precedent, the Court directed the state-owned coal company to verify individual claims, adjust any admitted payments, and refund the balance with interest at 6% within a specified period. Ratio vs. Obiter: Ratio - appropriate equitable restitution procedure where restitutionary entitlement is established by precedent; the defendant must verify claims, adjust prior payments, and make refunds with interest. Conclusion: Claimants succeed; respondent coal company must verify claims and refund balances with 6% interest within three months; appeals by the respondent on the rejected grounds stand dismissed.