Supreme Court of India
Canara Bank vs Nuclear Power Corporation Of India Ltd. ... on 21 April, 1998
Equivalent citations: AIR1999SC1505, JT1998(9)SC492, 1998(4)SCALE22, AIR 1999 SUPREME COURT 1505, 1998 AIR SCW 3875, 1998 (4) SCALE 22, (1998) 4 SCALE 22.2, (2000) ALLCRIC 230
Bench: B.N. Kirpal, Syed Shah Mohammed Quadri
ORDER
1. Special leave granted in SLP (C) No. 22663 of 1997 and SLP (C) No. 1740 of 1998.
2. We have heard Shri Harish N. Salve, learned senior counsel for the Canara Bank and its trustees and Shri K.S. Cooper, learned senior counsel for the Standard Chartered Bank as well as the learned counsel appearing for other parties.
3. After going through the judgments and orders under appeal and the documents on the record, in our opinion it will be appropriate that the judgment and order dated 27.11.1996 passed in Misc. Petition No. 81 of 1995 and judgments and orders dated 23rd September, 1997, 30th September, 1997, 30th September, 1997/lst October, 1997 and 1st October, 1997 passed in Suit No. 11 of 1996 by the Special Court are set aside.
4. The said matters shall stand remanded to the Special Court to be disposed of de novo on the basis of the pleadings as they stand and on the basis of array of parties in Suit No. 11 of 1996 as originally impleaded. The evidence already recorded by the Special Court shall be evidence at the fresh hearing with liberty to the parties to adduce additional evidence if so advised.
5. The Special Court shall hear Misc. Petition No. 81 of 1995 and Suit No. 11 of 1996 together.
6. In passing this order, we express no opinion on the merits of the impugned judgment and orders. However, the learned Judge in passing orders de novo shall dispose of the matters without being, in any manner, influenced by the observations made/findings recorded by him in any of the impugned judgments and orders. He shall be at liberty to arrive at the same or different conclusion.
7. The interim order dated 13.1.1997 passed by this Court directing the suit bonds to continue to remain with the Officer on Special Duty attached to the Special Court, shall continue until final disposal of the aforementioned proceedings of the Special Court.
8. We accordingly remand the proceedings to the Special Court with a direction to dispose of the proceedings at an early date preferably within four months from today.
9. These appeals are disposed of. No order as to costs.
C.A. No. 2177 of 1998 [arising out of SLP (C) No. 20302 of 1997] and C.A. No. 2178 of 1998 [arising out of SLP (C) No. 20567 of 1997]
10. Special leave granted.
11. In view of the order passed hereinabove, and in view of the Special Court having, in the impugned judgments and orders, relied on the observations made in orders dated 27.11.1996, which orders we have set aside without pronouncing any opinion on merits and remanded the matters to be determined afresh, we feel it fit to dispose of these appeals also by setting aside the orders under appeal and remanding the matters to be heard afresh by the Special Court which may decide them as deemed fit.
12. Accordingly, the appeals are disposed of. No order as to costs.