Supreme Court - Daily Orders
The State Of Punjab vs M/S Shreyans Industries Ltd on 16 August, 2023
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 4601-4609 OF 2012
THE STATE OF PUNJAB & ORS. Appellant(s)
VERSUS
M/S SHREYANS INDUSTRIES LTD & ORS. Respondent(s)
O R D E R
1. Heard the learned counsel for the parties.
2. The State of Punjab is in appeal against the decision of the High Court dated 21.12.2009 in VATAP Nos. 22 of 2009 (O&M), 33 of 2009 (O&M), 55 of 2009 (O&M), 60 of 2009(O&M), 61 of 2009 (O&M), 62 of 2009 (O&M), 63 of 2009 (O&M), 64 of 2009 (O&M) and 70 of 2009 (O&M), whereby the High Court dismissed all the appeal(s) on the ground that they are barred by limitation and also that there is no power to condone the delay under Section 68 of the Act.
3. It is brought to our notice that Section 68 Signature Not Verified of the Act is later amended by Punjab Act No. 7 of Digitally signed by Deepak Singh Date: 2023.08.19 13:07:11 IST Reason: 2010, by virtue of which a power to condone the delay has been incorporated with retrospective 2 effect from 01.04.2005.
4. In view of the statutory incorporation of the power to condone the delay, we set aside the decision of High Court dated 21.12.2009 and remit the matter(s) back to the High Court for consideration of the application for condoning the delay and take a final decision about admission of these appeal(s).
5. We make it clear that we have not expressed any opinion on merits of the application for condonation of delay, much less on the merits of the case.
6. Learned counsel for the respondent states that these matters have actually become infructuous. However, as the subsequent facts are not before us and the judgment of the High Court is also not on the merits of the matter, we deem it appropriate to leave all questions of fact and law be left for consideration by the High Court.
9. In view of the above, we set aside the judgment and order of the High Court in VATAP Nos. 22 of 2009 (O&M), 33 of 2009 (O&M), 55 of 2009 (O&M), 60 of 2009(O&M), 61 of 2009 (O&M), 62 of 3 2009 (O&M), 63 of 2009 (O&M), 64 of 2009 (O&M) and 70 of 2009 (O&M) dated 21.12.2009 and remand the case for consideration of the application for condonation of delay and pas appropriate order(s).
10. The appeals are disposed of in the above terms.
11. Pending applications, if any, stand disposed of.
….........................J (PAMIDIGHANTAM SRI NARASIMHA) ...........................J (MANOJ MISRA) New Delhi August 16, 2023 4 ITEM NO.108 COURT NO.16 SECTION IV 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). 4601-4609/2012 THE STATE OF PUNJAB & ORS. Appellant(s) VERSUS M/S SHREYANS INDUSTRIES LTD & ORS. Respondent(s) WITH SLP(C) No. 3007-3008/2012 (IV-B) Date : 16-08-2023 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE MANOJ MISRA For Appellant(s) Mr. Abhinav Bajaj, Adv.
Mr. Ajay Pal, AOR Mr. Mayank Dahiya, Adv.
Ms. Sugandh Rathor, Adv.
Ms. Uttara Babbar, AOR For Respondent(s) Mr. Harish Pandey, AOR Mr. Atishi Dipankar, AOR UPON hearing the counsel the Court made the following O R D E R C.A.No(s). 4601-4609/2012
1. The appeals are disposed of in terms of the signed order.
2. Pending applications, if any, stand disposed of.5
SLP(C) No. 3007-3008/2012
1. De-tag.
2. List these matters after two weeks. (DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)