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Supreme Court - Daily Orders

Union Of India vs M/S Varindera Construction Ltd. on 10 March, 2014

ITEM NO.20                  COURT NO.8               SECTION XIV


              S U P R E M E    C O U R T   O F    I N D I A
                            RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil)....../2014
                                              CC 831/2014
(From the judgment and order dated 14/08/2013 in FAO No.256/2013          of   the
HIGH COURT OF DELHI AT N. DELHI)

UNION OF INDIA                                         Petitioner(s)

                   VERSUS

M/S VARINDERA CONSTRUCTIONS LTD.                       Respondent(s)

WITH I.A. 1 (C/DELAY IN FILING SLP AND OFFICE REPORT)

Date: 10/03/2014    This Petition was called on for hearing today.

CORAM : HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
        HON’BLE MR. JUSTICE A.K. SIKRI

For Petitioner(s)           Mr.   Mohan Parasaran, SG
                            Mr.   Prateek Jalan, Adv.
                            Mr.   Farrukh Rasheed, Adv.
                            Mr.   Sarthak Nayak, Adv.
                            Mr.   B.V. Balaram Das, Adv.

For Respondent(s)           Mr.   Akhil Sibal, Adv.
                            Mr.   Aditi Sharma, Adv.
                            Mr.   Pradeep Kumar Chhindra, Adv.
                            Mr.   Umesh Kumar Khaitan, Adv.

             UPON hearing counsel the Court made the following
                                 O R D E R

Delay of 24 days in filing the special leave petition is condoned.

We are of the considered opinion that the High Court unnecessarily re-examined the merits of the FAO (OS) No.256/2013 in which the impugned order has been passed. The matter already stood concluded between the parties by the earlier decision of the High Court in FAO(OS) No.176/2013 and FAO(OS) No.178/2013. In our opinion, FAO(OS) No.256/2013 ought to have been dismissed only on the ground of delay without going into the merits of the same.

In view of the above, the special leave petition is dismissed.



           |(VINOD LAKHINA)                           | |(INDU BALA KAPUR)               |
|COURT MASTER                              | |COURT MASTER                           |