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Supreme Court - Daily Orders

M/S Balrampur Chini Mills Ltd. vs State Of U.P.. on 21 April, 2014

@"ITEM NO.67                       COURT NO.8                 SECTION XI


               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) No(s).36243/2012
(From the judgment and order dated 17/07/2012 in MB No.110/2008
of the HIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH AT LUCKNOW)

M/S BALRAMPUR CHINI MILLS LTD.                                 Petitioner(s)

                     VERSUS

STATE OF U.P.& ORS.                                            Respondent(s)

(With prayer for interim relief and office report)
       WITH
SLP(C) NO. 21997 of 2013
(With appln.(s) for c/delay in filing SLP and                     c/delay      in
refiling SLP and office report)

Date: 21/04/2014          These Petitions were called on for hearing
today.

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

For Petitioner(s)             Mr. Jayant Bhushan, Sr. Adv.
                              Mr. Manish K.Bishnoi, Adv.
                              Mr. Narender H. Verma, Adv.

For Respondent(s)             Dr. Abhishek Manu Singhvi, Sr. Adv.
                              Ms. Reena Singh, Adv.
                              Mr. Ardhendumauli Kumar Prasad, Adv.

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

Delay condoned in Special Leave Petition (Civil) No.21997 of 2013.

Leave granted.

The appeals are disposed of in terms of the signed order. No costs.

(VINOD LAKHINA) (INDU BALA KAPUR) COURT MASTER COURT MASTER (SIGNED ORDER IS PLACED ON THE FILE) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4709 OF 2014 [Arising out of Special Leave Petition (Civil) No.36243 of 2012] M/S BALRAMPUR CHINI MILLS LTD. ...APPELLANT VERSUS STATE OF U.P.& ORS. ...RESPONDENTS WITH CIVIL APPEAL NO. 4710 OF 2014 [Arising out of Special Leave Petition (Civil) No.21997 of 2013] M/S BALRAMPUR CHINI MILLS LTD. ...APPELLANT VERSUS STATE OF U.P.& ORS. ...RESPONDENTS ORDER Learned counsel for the petitioner submits that the issue which is the subject matter of the present Special Leave Petitions is also pending in the High Court in a number of matters. Learned counsel further submits that even if this Court allows the Special Leave Petitions filed by the petitioner, the issue would still have to be decided by the High Court.

Having considered the entire issue, we are of the opinion that no useful purpose will be served in keeping the special leave petitions pending in this Court.

Delay condoned in Special Leave Petition (Civil) No.21997 of 2013.

Leave granted.

...2/-

:2:

The appeals are allowed. The judgment and order of the High Court dated 17.7.2012 is set aside. The matters are remanded back to the High Court for decision on merits along with other matters that are pending. The appellant shall be permitted to intervene in the proceedings pending in the High Court.

Needless to say, the parties are at liberty to raise all the issues raised herein before the High Court.

We request the High Court to take a decision as early as possible, in view of the fact that large number of Mills are involved in the controversy. Let all the matters be taken up for hearing together.


    The    appeals    are   disposed        of    in   the       above

terms.    No costs.


....................,J. (SURINDER SINGH NIJJAR) ....................,J.

(A.K. SIKRI) NEW DELHI APRIL 21, 2014