Supreme Court - Daily Orders
Vidyadevi Dasrathbhai Maheshwari vs Custodian . on 11 February, 2016
Bench: M.Y. Eqbal, Arun Mishra
ITEM NO.105 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 5849/2007
VIDYADEVI DASRATHBHAI MAHESHWARI Appellant(s)
VERSUS
CUSTODIAN & ORS. Respondent(s)
(with appln. (s) for early hearing and office report)
WITH
C.A. No. 5850/2007
Date : 11/02/2016 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MR. JUSTICE ARUN MISHRA
For Appellant(s)
Mr. Subrat Birla, Adv.
Mr. S. C. Birla,Adv.
For Respondent(s)
Mr. Arvind Kumar Tewari,Adv.
Mr. Abhishek Tewari, Adv.
Mr. Surya Kant,Adv.
UPON hearing the counsel the Court made the following
O R D E R
These appeals are disposed of in terms of the signed order.
[INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S. (Signed order is placed on the file) Signature Not Verified Digitally signed by Sukhbir Paul Kaur Date: 2016.02.12 16:16:57 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5849 OF 2007 VIDYADEVI DASRATHBHAI MAHESHWARI Appellant(s) Versus CUSTODIAN AND OTHERS Respondent(s) W I T H CIVIL APPEAL NO. 5850 OF 2007 O R D E R
1. We have heard learned counsel for the parties and perused the impugned order.
2. In our view, the High Court, without considering the reasoning shown by the appellant, has passed the impugned order.
3. Further, in view of the ratio decided by this Court in the case of Varghese K. Joseph versus Custodian and others reported in (2011) 3 SCC 394, these matters were required to be remanded back to the High Court.
4. However, having regard to the fact that the learned counsel appearing on behalf of the respondents fairly submitted that now a direction be issued to the Special Court for certification within -2- three months from the date of filing of the application by the appellant.
5. Ordered accordingly.
6. The appeals are, accordingly, disposed of.
........................J. (M.Y. EQBAL) ........................J. (ARUN MISHRA) New Delhi, February 11, 2016